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(영문) 대구지방법원 경주지원 2017.03.02 2017고단7
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 7, 2010, the Defendant: (a) in the influence of the trade name in Sungdong-dong-dong-dong-dong-dong-si on the following day: (b) on the part of the victim C, “The husband won the construction cost that he did not receive while performing construction work; and (c) upon the approval of the Financial Supervisory Service, the Defendant borrowed the 450 billion won in favor of the husband; and (d) on the other hand,

However, in fact, the Defendant was unable to receive the above amount of construction cost due to the husband’s default on business, and there was no intention or ability to repay even if the Defendant borrowed money from the damaged party due to the lack of any property under the name of the Defendant.

The Defendant: (a) deceiving the victim as above; (b) received 3,500,000 won from the victim’s husband D’s seat to the Defendant’s husband D’s account; and (c) received 128,008,000 won in total over 95 times from the time to October 4, 2013, as in the crime sight table, from the time to October 4, 2013, and acquired it as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the details of filing of a complaint, a written statement, a waiver, each letter of gift, a receipt of loan, and an account transaction;

1. In light of the relevant legal provisions on criminal facts and Article 347 of the Criminal Act (a comprehensive imprisonment option) sentencing reasons, the amount obtained by deceiving the victim by deceptioning the victim by a false statement that is not unwritten, and thereby, the victim suffers a very large economic suffering, the victim's false statement seems to have suffered a considerable mental suffering as well as at the time of receiving the money from the victim, as well as at the time of receiving the money from the victim, and the victim's actual damage recovery amount is limited to about KRW 30 million, although the victim has reached an agreement with the victim, it is reasonable to punish the defendant strictly.

provided, however, that the victim is a victim.

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