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(영문) 대구지방법원 서부지원 2016.01.21 2015고단2026
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2012, the Defendant would pay the principal to the victim D’s first installment of the insurance policy at the KRB Life C Branch Office located in Daegu-gu, Daegu-gu around February 25, 2012.

“.........”

However, at the time, the Defendant had a debt equivalent to approximately KRW 400 million to financial institutions, individuals, etc., and continued to lend money at other places to change it, while there was no certain income or property, so even if the Defendant borrowed money from the damaged party, there was no intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 9,70,000 on the same day from the victim to the account under the name of the Defendant, and received the total amount of KRW 79,890,000 from February 25, 2012 to May 2, 2013, as shown in the list of crimes in attached Table 13 times, as well as from February 25, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Each investigation report (where details of passbook transactions are attached), each investigation report (where documents submitted by a suspect are attached);

1. Request for issuance of a certificate of borrowing or a certificate of debts;

1. Application of the Acts and subordinate statutes to the complaint;

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant acquired a total of approximately KRW 80 million against the two victims, and the criminal liability is heavy.

However, each of the above crimes appears to have been led to the confession of all the crimes and to reflect in depth.

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