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(영문) 대구지방법원 2016.01.12 2015고단4895
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. The Defendant did not receive a certain amount of income as an bad credit holder, and the Defendant did not have any real estate or financial assets in his/her name and has been generated from the past merchandise coupon business failure, and even if he/she borrowed money from others, he/she did not have any intent or ability to repay

A. On July 24, 2012, the Defendant is expected to pay back money to the victim AD after he/she borrowed money from the mutual influenite-dong, Daegu-gu, Daegu-dong to the victim.

A false statement was made.

As above, the defendant deceivings the victim and was 5 million won on the same day from the victim.

B. On August 2012, the Defendant would pay back money to the victim AF station located in Daegu Suwon-gu AE after he/she loaned money to the victim AD.

A false statement was made.

As above, the defendant deceivings the victim and received 13.5 million won in cash from the victim.

(c)

On September 10, 2012, the Defendant loaned money to AD at the seat of the Daegu Suwon-gu branch office of the Kusung-gu, Daegu-gu, Daegu-gu, to pay back the money to AD.

A false statement was made.

The defendant deceivings the victim as above and was given KRW 51,80,000 to the victim.

2. Around the end of July 2013, the Defendant: (a) called “to kill all of his/her families” at the back of a fixed restaurant in Daegu-gu, and (b) made it possible for the victim to have his/her tamp and bucks with his/her her tacks, which are dangerous objects, with his/her tacks room.

The defendant, who is a dangerous object, committed violence against the victim while in possession of a view room.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of AD);

1. Application of Acts and subordinate statutes governing the certificate of borrowing and the certificate of cash custody;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Articles 261 and 260(1) (the point of special violence) of the Criminal Act, and the choice of imprisonment for the crime;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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