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(영문) 대구지방법원 2018.07.20 2018고단1565
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On January 3, 2014, the Defendant made a false statement to the victim E, “D’s “D” house operated by the Defendant in Daegu Jung-gu, Daegu-gu, stating that “The victim E shall place an order for a single uniform, and the money is urgently needed.”

However, in fact, the Defendant had a debt of about KRW 300 million at the time, had been able to receive money from the injured party to pay other debts, and even if he/she borrowed money from the injured party, he/she did not have an intention or ability to pay money from another person, unless he/she borrows money from the injured party.

The Defendant received KRW 5,00,000,000 from the Defendant’s Daegu Bank account (Account Number G) in the name of the Defendant for the same day from the victim, and received KRW 361,30,000 in total from August 1, 2017 to August 12, 2017, as shown in the List of Crimes.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to H, I, J, K, L, E, M,O, P, Q, and R;

1. Each loan certificate, reference to details of transactions, verification of each deposit transaction, each process, promissory note, each passbook, copy of each passbook, certificate of transfer confirmation, each of the message, text message, text message, written transfer confirmation, statement of deposit transaction, each note, statement of deposit transaction, check of details of each transaction, and each statement of transaction;

1. Application of Acts and subordinate statutes to a report on investigation (referring to the second warrant response data);

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 reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes committed the instant crime against many victims for a long time, and the amount of damage is high, and the Defendant shall be sentenced to the penalty in that the damage has not been recovered.

On the other hand, the defendant.

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