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(영문) 대구지방법원 2016.10.11 2015고단4700
사기등
Text

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

Reasons

Punishment of the crime

1. On October 10, 2014, the Defendant made a false statement to the effect that “A” office of “E” for the victim D’s operation in Daegu-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu Seoul-gu (hereinafter “E”), while investing KRW 10,000,000,000,000, monthly interest of KRW 400,000 shall be paid for three months and the principal shall be recovered in full after three months.”

However, even if the defendant borrowed money from the victim with bad credit standing, he did not have any intention or ability to repay it.

As above, the Defendant, by deceiving the victim, received KRW 9.6 million from the victim on October 13 of the same year from the victim, and acquired it, from that time, and then acquired KRW 35,00,000 in total six times from November 11 of the same year, such as the list of crimes in the attached Form.

2. On April 17, 2016, the Defendant: around 08:20 on April 17, 2016, the Defendant opened a gel 201 in Busan Shipping Daegu F; opened a gel 201 influort door; and intruded into the gal fluort door; 200,000 won in cash owned by the victim H; 61 in a gal fluor, the market price of which is equivalent to KRW 1 million; and 80,000 in a gal glue fluor amounting to KRW 8,00,000 in a market price.

Summary of Evidence

"2015 Highest 4700"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Admission details and details of transactions "2016 Highest 3947";

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. A H statement;

1. Reports on occurrence and reports on results of field identification;

1. Application of Acts and subordinate statutes to each investigation report (Nos. 4 through 6, and 8 of the evidence list);

1. Article 347 (1) of the Criminal Act, Article 329 of the Criminal Act and Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of recommendations according to the sentencing criteria - the theft of primary crimes (the scope of recommendations) shall be general property;

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