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(영문) 춘천지방법원 속초지원 2014.04.30 2013고단586

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 3, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Military Service Act in the Seocho District Court's territorial branch on August 24, 2009, and the execution of the sentence was terminated on August 24, 2009.

The Defendant, while living with a loan without any occupation, was defective in marriage of the victim C while she talked with the victim C and was in mind to use money for living expenses, etc. from the victim.

피고인은 2011. 2. 22. 강릉시 일원에서 피해자에게 전화를 하여 “작은 누나가 ‘D’이라는 떡볶이가게를 하는데 강릉에 체인점을 내고 싶다. 네가 대출을 받아 돈을 빌려 주면 3개월 안에는 꼭 갚겠다.”라고 거짓말을 하였다.

However, since the Defendant did not have any funds required to pay for the Defendant, the Defendant was trying to use the funds borrowed from the victim for the cost of living and did not have any idea to pay them. At that time, the Defendant did not have any obligation that the Defendant borrowed from the lending company to use for the cost of living, and even if he did not have any property or any specific income, he did not have any intent or ability to pay them.

Accordingly, the Defendant, as such, by deceiving the victim, received 3.5 million won from the victim, i.e., borrowed money from the victim, and received 3.5 million won from the victim. From March 23, 2012, the Defendant received 73,170,000 won in total from the victim through 23 times in the same manner as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. The application of Acts and subordinate statutes of each investigation report and investigation report;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act, inclusive, the choice of imprisonment with prison labor;

1. Judgment on the assertion of the defendant and his defense counsel under Article 35 of the Criminal Act among repeated crimes

1. Defendant who is unspecified in the facts charged.