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(영문) 대구지방법원 경주지원 2014.04.17 2012고단1391

사기

Text

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

Reasons

Punishment of the crime

Around March 2008, the Defendant stated that “The construction was suspended due to lack of personnel expenses at the time when the foundation construction was completed while building the interior building was built,” the Defendant made a false statement to the victim D(58 years of age) at a hospital located in Nam-gu, Nam-gu, Sinpo-si, B, 2008, using money as personnel expenses, to complete the building within three months and pay the principal and interest.”

However, the Defendant had not yet commenced the construction without obtaining the construction permit at the time. On May 6, 2008, the Defendant was unable to complete the building within three months even if the Defendant borrowed money from the victim after starting the construction. At the time, the Defendant had no intention or ability to repay the borrowed money to the victim within three months, unlike the bad credit standing in excess of the obligation.

After all, the Defendant, as above, by deceiving the victim as above, received money from the victim to the passbook in the name of the Defendant under the name of the victim on March 6, 2008, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigative reports (investigation into and reporting on telephone conversations filed by a complainant);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (including the choice of imprisonment, the choice of imprisonment, and the fact that the injury has not been recovered even though the same criminal record was committed several times);