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(영문) 대구지방법원 김천지원 2017.09.26 2016고단670
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On November 12, 2010, the Defendant, at the E office operated by the victim D in Daegu-gu, Seo-gu, Seoul-gu, that “The Defendant will lend KRW 200 million to the Defendant within one month.”

“False speech was made to the effect that it was “.”

However, at the time, the Defendant was liable for the obligation of KRW 00 million and the Defendant was at the time, and even if he received the money from the damaged party due to bad financial standing such as bad financial standing, he did not have any intention or ability to pay the money.

Nevertheless, the Defendant was transferred KRW 200,000 from the injured party to the above F account in the same day.

2. On December 1, 2010, the Defendant paid KRW 825,00,00 as interest per month on a loan of KRW 200,00 to the victim G at the above F office, and paid the principal within six months.

“False speech was made to the effect that it was “.”

However, at the time, the Defendant did not have any intent or ability to complete the payment even if he received the above money from the damaged party due to the poor financial standing as above.

Nevertheless, the Defendant received KRW 188,355,037 from the injured party on December 3, 2010, KRW 50 million, KRW 50 million on December 4, 2010, KRW 50 million on December 5, 2010, KRW 50,000 on December 5, 2010, and KRW 188,355,035 on December 6, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Application of Acts and subordinate statutes on account details;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

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

1. Application of the sentencing criteria [Scope of the recommended punishment] General Fraud (at least one hundred million won, but less than five hundred million won) basic area (at least one year to four years), and no special sentencing person exists;

2. The Defendant, who was sentenced, acquired a total sum of KRW 390 million against two victims.

Although the Defendant repaid KRW 100 million to the victim D, the remaining damages have not yet been recovered.

However, the defendant is against the law.

The defendant is in the same kind.

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