beta
(영문) 대구지방법원 2019.10.29 2019고단4076

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 2016, the Defendant made a false statement to the victim D, “If he/she lends money to him/her as he/she is in need of KRW 30,000,000,000 as he/she borrowed a job placement loan, he/she will temporarily use it and return it to him/her.”

However, there was no intention or ability of the defendant to pay the amount of money even if he borrowed money from the victim with the help of the defendant's living with the help of the job placement.

Around June 3, 2016, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the deposit account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 2, 2017, the Defendant stated that “Around June 2, 2017, the Defendant would complete payment with monthly pay to the victim from the Gyeongdong-gun E apartmentF that “I will complete payment with the need to receive a part-time medical treatment, as I will have to do so.”

However, in fact, even if the mother's body did not have to receive oppy therapy and the mother's body borrowed money from the victim, he did not have the intent or ability to repay it since he thought to use it as living expenses of the defendant and the mother.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the Busan Bank Account in the name of G on the same day by the mother of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of specification of transactions, statutes governing notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Of concurrent crimes, the circumstances below the reasons for sentencing in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act, and the age, occupation, character and conduct, environment, and motive, means and result of the commission of the crime;