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(영문) 대구지방법원 2016.07.19 2015고단6337
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 22, 2011, the Defendant was sentenced to three years of imprisonment with prison labor at the Daegu District Court for fraud, etc. and has been sentenced to the same year.

3. 3. The above judgment became final and conclusive and conclusive in Seoul Southern Prison on January 30, 2013 and the parole period expired on March 14, 2013.

On August 5, 2014, the Defendant lent the victim C a pro-friendly D as a guarantor, and the victim C was given a KRW 100 million amount from the punishment at the beginning of October, 201, and the Defendant was given repayment without molding two months after the end of 2 months.

“The Defendant-friendly D, while making a false statement to the effect, delivered to the victim a certificate of borrowing money, written by the Defendant-friendly D as the surety.

However, at the time of fact, the defendant did not have obtained prior consent from pro-friendly D on guarantee and did not have any intent or ability to repay the debt even if he borrowed money from the victim because he had a debt of KRW 30 million with the second financial right.

The defendant deceivings the victim as above, and thereby acquired the money of KRW 30 million from the victim on August 6, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Written complaint and accompanying documents (No. 1 through 8 No. 1 of the evidence list);

1. Investigation report (to hear statements by a suspect on two balls against type D);

1. Previous convictions in judgment: (A) a written reply to inquiry, such as criminal history, reporting on the previous convictions in disposition and results thereof (A), and application of Acts and subordinate statutes to report on investigation (verification of date on which the term of punishment expires for

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 punishment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the aggravated area (one year to two years) (one year and six months), and the repeated offense of the same kind;

2. The circumstances in consideration - the favorable circumstances: reflectivity, and the defendant's damage for E.

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