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(영문) 대구지방법원 2017.01.17 2016고단2999
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was asked by the victim C to request the victim C to help him/her get a loan from a financial institution on the security of the freezing warehouse owned by the victim.

On January 2016, the Defendant needs to prove the balance of KRW 1.3 billion to the victim who intends to obtain a bank loan from the FF freezing located in Gyeongbuk-gun E in the early 2016 police officer.

A false statement was made by a person who knows that he/she would seek a certificate of balance to the highest commission, which would change the fee to KRW 20 million.

However, there was no need for the injured party to submit a balance certificate to the bank before receiving the loan from the bank, and even if the accused received the money from the injured party, there was no intent or ability to seek a balance certificate of KRW 1.3 billion, and the money received from the injured party was used for personal purposes such as personal debt repayment and living expenses.

The Defendant, as such, by deceiving the victim, received a transfer of KRW 19.5 million to the Saemaul Treasury Account in the name of the Defendant under the name of the Defendant, under the pretext of fees for proof of balance around January 8, 2016, from the injured party.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A ledger of notification, recording, or receipt;

1. Application of Acts and subordinate statutes to each investigation report and the attachment thereof (No. 7 through 12 of the evidence list);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (no person who is subject to special sentencing];

2. Consideration - Consideration - Deposit of KRW 7 million for the victim, and the victim also has a debt to the defendant and the defendant bears a third party.

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