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(영문) 대전지방법원 홍성지원 2014.04.02 2014고단84
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 201, the Defendant borrowed KRW 10,000,000,000 from the “C” office located in Boan-si B, Boan-si around August 20, 201 to the victim D, and received money from the victim to the Agricultural Cooperative account in the name of E on the same day.

However, in fact, although the defendant tried to operate an adult amusement room by borrowing money from the victim, the game machine was in a state where there was no guarantee that certain income can be obtained through the operation of the adult amusement room, such as accepting a business report from the Cheongyang-gun, and even if the defendant did not have any specific property to the defendant, he did not have the intent or ability to pay the money until the due date.

As above, the Defendant, including deceiving the victim and receiving KRW 10 million, received a total of KRW 172,350,000 through 14 times as shown in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each certificate of borrowing;

1. Details of savings deposit transactions, list of deposit transactions, details of deposit and withdrawal transactions-credit unions;

1. Application of Acts and subordinate statutes to an investigation report (report on additional confirmation of the amount of damage, accompanying a suspect A's account transaction details, submitting a report on details of the account transaction submitted to the victim D, accompanying a report on details of the account transaction with the victim), investigation report

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act (an aggravated punishment of concurrent crimes provided for in fraud on October 11, 201), among concurrent crimes;

1. The decision of the type of sentencing [the scope of punishment according to the sentencing guidelines] for one month to fifteen years (the scope of punishment according to the sentencing guidelines] under Article 62(1) of the Criminal Act, which is advantageous to the reasons for the suspended sentence, shall be calculated by adding the amount of profit of the criminal group of fraud, general fraud, and the same type of concurrent crimes of the second type.

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