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(영문) 대구지방법원 서부지원 2017.04.20 2017고단563
사기
Text

A defendant shall be punished by imprisonment for one year.

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 December 11, 2016, the Defendant: (a) knowingly aware of the fact that a non-name-based person, on December 11, 2016, made a false statement in various ways against unspecified victims about lending money, trading goods, misrepresentation to an investigation agency, etc., and received money from another person under another person’s name; and (b) knowingly, he/she shall withdraw money deposited with the Defendant’s account in cash from the name-based person; and

30-500 million won.

“After receipt of the proposal and acceptance, the person in charge of the name in question deceivings the victim, the Defendant informed his name in his name the Saemaul Treasury account number (C) in the name of the Defendant, and conspired to withdraw and divide the money deposited in the above Saemaul Treasury account in cash.

On December 11, 2016, when a person was named, the victim was called the victim D at a non-permanent location on December 11, 2016, there is a good that can be converted the low interest rate for the loan case without the intention or ability to cause the loan.

10.5% of loans can be granted at interest rate, and if the existing loans are deposited into A's account, they will proceed with loans after repayment.

“Along on December 13:49 on December 12, 2016, 201, the member was transferred KRW 5 million to the accounts of the above Saemaul Treasury in the name of the defendant, from the damaged person.

After all, the defendant, in collusion with a person who is not a name, acquired 5 million won owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police against D;

1. Written statements of D;

1. Details of account transactions, applications for deposit transactions, CCTV video data, and application of Acts and subordinate statutes to report on investigation;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the protection and observation of the protection and the community service order [the scope of recommendation] type 1 (less than KRW 100 million) and the mitigation area (one to two years and six months) (the special mitigation person).

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