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(영문) 대구지방법원 2013.08.23 2013고단2853

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On the end of May, 2011, the Defendant stated that “A victim C, who works as a combat police, is working on the police side because there are many people inside the police station, who will pass the police station to pass the 30 million won.”

However, in fact, the Defendant did not have the intent or ability to pass the police with the victim's children, as he was planned to use his credit card payment, loan interest, etc. by receiving money from the victim.

On June 8, 2011, the Defendant, by deceiving the victim as above, transferred KRW 10 million from the victim via an enterprise bank account (D) in the name of the Defendant, and under the same year.

8. 20. 20. The Plaintiff received a total of KRW 30 million from the victim, which was remitted via the said account.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness C and E’s respective legal statements;

1. The pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, guilty of the punishment, and the Defendant asserts that the Defendant only borrowed KRW 30 million from the victim, and that there is no possibility of deceiving the victim as in the facts charged.

However, the testimony of the victim C and the defendant introduced to C is consistent with all the facts charged, and the testimony of the victim C and the defendant is reliable, and all of the facts charged of this case are found guilty.

In addition, the defendant's assertion cannot be accepted in light of the fact that the defendant and the victim did not seem to have a pro rata relationship to the extent that they trade money at the time of the instant case, that the victim's self-sufficiency appears to have not been sufficiently met, and that the defendant did not prepare objective documents, such as a loan certificate, even though the loan amount at the time was a considerable amount (which was prepared after the criminal complaint

According to the sentencing guidelines, the crime of this case is type 1 (less than KRW 100 million) among the general frauds of the fraud group.