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(영문) 대구지방법원 김천지원 2020.01.22 2019고단525
사기
Text

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

Reasons

Punishment of the crime

On November 7, 2019, the Defendant was sentenced to two years of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on December 2, 2019.

On July 2014, the Defendant, at the office of the Defendant in the Gu-si, Sinsi-si, Sinsi-si, the Defendant: “The Defendant, at the office of the Defendant in the Gu-si, stated the name of the victim D as the representative director of the K-In-Si, Inc.; “In-house, the Defendant operates the corporation E, and borrowed money due to the shortage of the machinery equipment and equipment in the company. The Defendant, at that time, borrowed money and received money from the bank to repay the money in the form of money.”

However, the defendant was not the representative director of E, and even if he received money from the victim, he did not have the intent or ability to use money with mechanical equipment and to complete payment as agreed.

On August 6, 2014, the Defendant, by deceiving the victim as above, obtained money from the Daegu Bank Account under the name of the Gu-U.S. Agency (A) to transfer KRW 150 million to the Daegu Bank Account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of the loan certificate or passbook;

1. Corporate register;

1. Each investigation report (F telephone call for a witness);

1. Previous records of judgment: Criminal records, etc., inquiry reports, two copies of judgment, and application of Acts and subordinate statutes concerning confirmation of judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Although the reasons for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes do not seem to have never existed with E, the fact that the Defendant was able to use the loan and repaid the loan with the view to the fact that it belongs to the purpose of use of the loan.

Considering the circumstances in which the amount of damage is larger than 150 million won and the amount of damage was not received from the victim who has repaid it, the nature of the crime is heavy.

Some of the transfer details, etc. have not been disclosed in detail where the borrowed money was used, and some of them were false.

A confession, age, criminal record, and judgment has become final and conclusive.

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