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(영문) 대구지방법원 2015.08.17 2015고단2516
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 2013, the Defendant made a false statement to the victim C who was a workplace partner at the end of the day, stating that “I want to operate a cosmetic business. I will pay back money. I will also pay a store contract in the form of a deposit because the store was also under a contract.”

However, the defendant did not have a contract for a cosmetic store, there was no intention or ability to conduct a cosmetic business, and there was no intention or ability to repay the borrowed money to the victim, and there was a plan to use it as entertainment expenses, living expenses, etc. by borrowing money from the victim.

The Defendant, as above, makes a false statement, and from the victim, the Defendant amounted to KRW 10 million on May 30, 2013, and the same year.

6.4.8 million won, 28.5 million won in the same month, 29.13 million won in the same month, and the same year; and

7. 25.16 million won, KRW 3 million for the same month, and KRW 8 million on December 13, 2013 of the same year were remitted to each Defendant’s bank account under the name of each Defendant. On March 19, 2014, KRW 47.1 million was remitted to each Defendant’s account under the name of D designated by the Defendant and acquired the total amount of KRW 47.1 million.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police in relation to C;

1. Application of each of the Acts and subordinate statutes described in C, C, C, C, C, and investigative reporting;

1. Relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act for sentencing [the scope of applicable sentences under law] 1 to 10 years of imprisonment [the decision of types] 1 to 10 years of general fraud [the decision of types] - where serious damage is caused to the victim of aggravated factors (the decision of the recommended area] [the decision of the recommended area] 1 to 2 years and 6 months of aggravation [the scope of suspended sentence] - In a case where significant damage is caused to the victim of negative uncontested reasons: In a case where negative uncontested victim: there is no effort to recover adverse damage (the decision of sentence] 4710,000 won from the victim who was a pro rata relation.

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