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(영문) 대구지방법원 2017.09.21 2017고단3438
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 14, 2016, the Defendant made a false statement to the victim of E cafeteria operated by the victim D in Daegu-gu, Daegu-gu, stating that “I would pay money immediately if I lend money to the victim.”

However, in fact, the defendant did not have property under the name of the defendant at the time, and there was no certain income-free workplace, and there was no intention or ability to repay even if he borrowed money from the victim, since there was about 18 million won of financial bonds.

As above, the Defendant, as well as the Defendant, by deceiving the victim and being granted KRW 2 million on the same day from the victim to January 10, 2017, received KRW 4,628,00 from the victim on nine occasions as indicated in the list of crimes and the total sum of nine times from that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of statutes on the search details of Samsung Life Insurance Loans, 9 copies of passbooks, Samsung Life Insurance Loans Certificates, 1 copy of the judgment, A Credit Reports, 2010 Ka Names 6542, Daegu District Court 2014 Ka Names 2014 Ka Names 4994

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The reason for sentencing under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] No person who does not have a basic area (from June to one year and six months) [the person who is subject to special sentencing] [the decision of sentencing] [the defendant repeated the crime of this case despite the fact that he was punished for the same kind of crime, and the fact that the amount of damage was not 46,280,000 won but has not been repaid at all, are disadvantageous circumstances.

However, in full view of the favorable circumstances, such as the defendant's acknowledgement of the crime of this case against the wrongness, the defendant's age, sexual conduct, environment, motive and circumstance of the crime, and all other sentencing conditions, such as the defendant's motive and circumstance after the crime of this case shall be determined as ordered.

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