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(영문) 대전지방법원 홍성지원 2017.04.26 2016고단735
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 26, 2014, the Defendant: (a) at a mutually aesthetic coffee shop located in Boh-si, Bohyeong-si, Bohyeong-si on June 26, 2014, the Defendant “A, the husband operates D, is not fully equipped with the Defendant’s financial resources; (b) there are many places where the Defendant has to pay money after having written a lot of money due to local elections in 2014.

Along with the lending of money when there are surplus funds, a false statement was made that the payment of sufficient interest, as well as the day of full payment.

However, the defendant was thought to repay his personal debt from the damaged party, and due to the situation in which he bears the personal debt of 100 million won or more at the time, he borrowed money from many creditors and took over several accounts to prevent the return, and even if he borrowed money from the damaged party, he did not have any intention or ability to repay it.

Nevertheless, the Defendant, as seen above, received KRW 50 million from the victim to the Agricultural Cooperative account under the name of the Defendant, including by deceiving the victim and receiving KRW 50 million from the victim, and received KRW 30 million from July 7, 2014, and received KRW 20 million around October 17, 2014, including KRW 100 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Three-time protocol of interrogation of the suspect of the police against the defendant (including theC statement);

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. In full view of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reasons for sentencing of imprisonment, and the circumstances below the Defendant’s age, sex, environment, and all the circumstances before and after the instant crime, etc., the punishment as set forth in the Disposition above shall be determined.

The fact that the crime of this case is being committed, there is no record of being punished more than a suspended sentence, and there is no record of being punished for the same crime with the victim.

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