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(영문) 대구지방법원 2014.10.02 2013고단5805

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On July 13, 2011, the Defendant was sentenced to a suspended sentence of two years for a criminal act in October, 201, and the said judgment became final and conclusive on July 21, 201.

【Criminal Facts】

Around July 2010, the Defendant did not have any special property except for one car in the amount of KRW 5 million, market price of KRW 1,000,000 and KRW 94 in the amount of KRW 1,000,000, and the credit card arrears amount was KRW 8,000,000,000. The monthly income was 110-1,300,000 won, or KRW 1,50,000,000,000 from the victim C, and there was no intention or ability to complete payment.

Nevertheless, on July 22, 2010, the Defendant made a false statement to the victim C at the Dogdong branch in the Dogdong-dong 533, the Dogdong-dong 533, the Dogdong-dong 533, stating that “The Defendant borrowed and borrowed the money to use it with interest higher than the bank interest.”

The defendant, as above, 1.5 million won with an account in the name of the defendant under the name of the victim for the same day from the victim;

7.28 500,000 won around the day;

7.30.Woman 2970,000 won;

8.3.Woman 990,000 won;

8.7.Woman 1980,000 won;

8.12.Woman 1980,000 won;

9.30,000 won, around 30.30,000 won, around 1.1 million won, around 1.30,000 won, around 29.29, around 1.5,000 won, around 1.1 million won, around 11.11,000 won, and around 12.7 million won, respectively;

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

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement to C by the police;

1. Details of passbook transactions;

1. Previous convictions: References to criminal records, investigation reports (report accompanied by a written judgment), and the judgment attached thereto, previous records of disposition and report on results of confirmation (in compliance with Acts and subordinate statutes, 105 pages of investigation records);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The defendant, with the reason of sentencing under Article 62-2 of the Criminal Act, has the same criminal capacity and damage to the victim.