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(영문) 대구지방법원 2016.01.22 2015고단5856

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On July 2014, the Defendant: (a) found the victim C as a guest at the window of “D” where the victim C works as an employee; and (b) became aware of the victim, and (c) came to know of the victim, the Defendant is running a telecom business in Daegu.

"........................."

The term "in the name of his/her husband and wife" shall include installment savings.

” 등 취지의 말을 하여 마치 피고인이 사회적 지위와 경제적인 여유가 있는 것처럼 속여 피해자의 환심을 샀다.

On August 20, 2014, the Defendant: “D” in the middle-gu Seoul Central District of D, Daegu-gu, there is a need for the victim C to remove the article and affix the seal of the wife, and the money to the mother is needed.

1. To lend 1.4 million won to another person.

“A false representation was made.”

However, at the time of fact, the Defendant was a bad credit holder and had a debt equivalent to KRW 30 million, so there was no intention or ability to pay the said money even if he received the said money from the injured party.

Around August 18, 2014, the Defendant received KRW 1.4 million from the damaged party to the Agricultural Cooperative account under the name of the Defendant, and received KRW 90,230,000 from around that time to July 10, 2015 from around 44 times as stated in the list of crimes attached hereto, and acquired property benefits equivalent to KRW 5,040,60 from the damaged party as the borrowed money.

Accordingly, the Defendant received money equivalent to KRW 95,270,600 from the injured party or acquired pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the police interrogation protocol concerning the accused;

1. Statement made by the police with regard to C;

1. Application of Acts and subordinate statutes to a detailed statement of account transactions, investigation report (as to the contact between a suspect A and his/her family), investigation report (as to the report on telephone conversations of a suspect, the report on telephone conversations of a suspect), investigation report (as to the report on

1. Article 347 (1) of the Criminal Act by universal title with respect to the facts constituting an offense;

1. Reasons for sentencing of selective sentence of imprisonment [the scope of recommending sentence] General Fraud (less than KRW 100,000).