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(영문) 대구지방법원 의성지원 2018.07.19 2017고단208
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 4, 2016, the Defendant, from around 198 to around 2016, from around 2016 to around 6 million won to the victim D, who works as an employee of a nearby multilateral group, and became a customer, to work as an employee from the F multilateral group E in the same month.

A false statement was made to the effect that the lending of hospital expenses and living expenses is “to pay with loans or to pay with loans.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The Defendant received KRW 1 million from the injured party to the account in the name of the Defendant on the same day, from that time until May 9, 2016, a total of KRW 34.6 million from that time, as shown in the list of crimes in attached Form 26 times, from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for each victim;

1. Application of Acts and subordinate statutes, such as a certificate of borrowing, account transaction details, account transaction details;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing factors indicated in the pleadings of this case, such as the defendant's age, environment, sexual conduct, motive, means and consequence of the crime, following the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, shall be determined by comprehensively taking into account the factors of sentencing as stated in the arguments of this case, such as the circumstances after the crime.

On February 13, 2015, the defendant was sentenced to imprisonment for 4 months and a fine of 50,000 won and a fine of 50,000 won for fraud, etc. at the Daegu District Court sentenced on February 13, 2015, and completed the execution of the sentence on October 20, 2015.

During the investigation or trial, the person who has fleded or failed to comply with the summons.

The favorable circumstances: The defendant recognized his mistake and divided, and the state of health is not good after he gives birth to Gu in 2017.

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