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(영문) 대구지방법원 2019.06.19 2019고단421
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 20, 2017, the Defendant made a false statement to the victim C, who had worked in the same company prior to the Daegu-gu Seoul Metropolitan City Non-Safab in the same company, stating that “I will complete all of the loans after the payment of the loan in four names is made.”

However, the Defendant, at the time of the savings bank lending obligation, was 78 million won or more, prepared living expenses by receiving credit card cash services, etc., and the monthly income was 1.5 million won, but there was a very difficult economic situation, such as the monthly interest rate of 1.20 to 1.3 million won, and even if the victim borrowed money under his/her own name, he/she did not have any intent or ability to pay the money normally within the agreed date.

Nevertheless, the Defendant, by deceiving the victim as above, had the victim take out a total of KRW 15 million from the D Bank on the same day, KRW 10 million from E Bank, and KRW 3 million from F Bank on the same day, and acquired the money by being transferred to H Bank account in the name of H Bank account in which the Defendant collected the money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A complaint;

1. A statement of transactions;

1. Details of loans;

1. Application of statutes governing judgment;

1. Taking into account the relevant statutory provisions regarding criminal facts and the grounds for sentencing under Article 347(1) of the Criminal Act, including the fact that the number of damage amount in the instant case is not significant, and that no specific measure has been taken to recover damage up to the present time, a sentence identical to the order shall be imposed on the Defendant, taking into account the factors favorable to sentencing, such as the confession of the Defendant for the crime and the fact that the Defendant has no criminal record

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