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(영문) 대구지방법원 2017.08.11 2017고단3303
사기
Text

In the case of each fraud described in Nos. 1 through 4 of the crime inundation table in the judgment of the defendant, the defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 27, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, and three years of suspended execution, and the judgment became final and conclusive on December 5 of the same year.

On September 15, 2014, the Defendant is able to collect money from the victim E (Y, 54 years of age) who was known to the Defendant at the D shop located in Seogu-gu, Daegu-gu, Seoul-gu, with a view to borrowing money from a vehicle as security at a gambling place and receiving interest at the interest rate (the so-called “le”).

The loan made a false statement to the effect that the monthly interest shall be paid on the one-month basis, and the one-year interest shall be paid on the other, and the other is to purchase one-way apartment bond in the Seo-gu, Seo-gu, Daegu.

However, even if the defendant borrowed money from the injured party, he/she was thought to use it for the repayment of personal debt, living expenses, and purchase of vehicles, and he/she did not have the intention or ability to purchase the apartment after one year.

Nevertheless, the Defendant: (a) by deceiving the victim and being paid KRW 45 million on the same day by the victim; and (b) from that time until June 30, 2016, the Defendant was delivered KRW 189,000,000,000 in total from that time to June 30, 2016, as indicated in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each protocol concerning the examination of the suspect against the accused by the prosecution;

1. Entry of the statement protocol made by the prosecution against E;

1. Application of each Act or subordinate statute of the following items: a certificate of deposit transactions, recording record, investigation report, payment of a check, investigation report (F telephone conversations of a witness), investigation report (investigation of the user of a check G check), investigation report (investigation of the user of a check), investigation report, investigation report (Inquiry of the user of a check), and details of account transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. No. 1 to No. 1 of the list of offenses in the annexed sheet.

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