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Reasons
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(영문) 대구지방법원 김천지원 2015.06.10 2015고단263
사기
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Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 22:00 on September 22, 2014, the Defendant made a false statement to the victim’s residence in Kimcheon-si D, stating that “I would allow the students to engage in bond business and to receive high interest by investing money in bond business if I lend money.”

However, the defendant did not have the intent or ability to pay the borrowed money and its interest by investing the money in the bond business as agreed only when he received the money from the victim and thought to use it for gambling money.

The Defendant received 4,160,000 won from the victim to the account under the name of the Defendant from December 23, 2014, in total, 33 times in the same manner as shown in the attached crime list, from the time when he received 4,160,000 won from the victim as the borrowed money on the same day, and acquired 91,490,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to an account opened in the name of a suspect (from 62 to 104 pages of investigation records);

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In light of the reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, the Defendant’s illegal liability for the offense of this case is not somewhat weak in light of the amount of damage caused by the instant crime.

However, there are also circumstances to consider the defendant, such as the fact that the defendant is against his mistake, that the defendant does not want the punishment of the defendant, that the defendant submitted a document that leads the defendant's wife to this court, that the defendant has no record of criminal punishment, that the defendant is the first offender who has no record of criminal punishment, and that there are parents, wife, and children who should support the defendant.

As such, the Defendant appeared in the sentencing hearing of the instant case.

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