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(영문) 대전지방법원 2018.08.23 2018고단825
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On January 16, 2017, the Defendant, at the house of the victim D (n, 35 years of age) located in the Dong-gu Daejeon apartment complex C, said that “If the Defendant borrowed money to make high profits by means of a security loan, such as a vehicle, he/she will give 4% interest per month, and the principal may be repaid on the desired date.”

However, in fact, it was not used for security lending, such as vehicles, but it was thought that the profit has been invested in virtual currency, and even if it was not repaid with money from the damaged party due to investment in other debts of KRW 7-800 million, there was no intention or ability to properly reduce the principal and interest.

The defendant deceivings the victim as above, and received 19.2 million won, excluding 80,000 won, from the victim as the borrowed money, from the victim, to the agricultural bank account under the name of the defendant, from that time, from that time by May 28, 2017, both victim D, victim E ( South, 33 years old), and victim F (n, 35 years old) in the same manner as shown in the annexed crime list by the same method as in the same manner until May 28, 2017.

Summary of Evidence

1. Partial statement of the defendant;

1. Each part of the statements of E and D in the protocol of interrogation of the police officers three and four times against the defendant;

1. A protocol concerning the examination of the police officer in G;

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

1. Recording notes;

1. The transaction details of passbooks, passbooks, and the transaction details of passbooks;

1. Copies of each vehicle security loan;

1. Each investigation report;

1. Application of each text message statute;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime under the corresponding provision of the Act;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommendations] [the grounds for sentencing under Article 38(1)2, and Article 50 of the same Act / [the scope of recommendations] There is no person who has a basic area (1 to 4 years) (1 to 50 million won) [the decision of sentencing] [the defendant has no special criminal record for the same kind of crime]. However, the amount of damage caused by the instant crime is the amount of damage.

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