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(영문) 대구지방법원 영덕지원 2014.02.12 2013고단249

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 17, 2008, the Defendant made a false statement to the victim D (the 63 years of age) stating that “I will pay back with other money if I lend KRW 1 million to the 10 million number system and the successful bid amount.”

However, in fact, even if the victim borrows money from the victim, the victim did not have the intent and ability to repay the money.

As such, the Defendant, as well as by deceiving the victim, received KRW 1 million from the victim on the same day on the same day. From that time, the Defendant received the total amount of KRW 9,454,000 from 38 times up to March 3, 2010 by means of account transfer and cash direct transmission, as shown in the annexed List of Crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police on D;

1. Application of Acts and subordinate statutes in 36 copies, such as a certificate of deposit, and in the investigation report (a specified amount of damage by the complainant);

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (The following factors of sentencing shall be taken into account):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of sentence under the law] 1 to 15 years of imprisonment [the determination of a sentence] 1 to 15 years of general fraud (the amount below 100 million won): No mitigation element: No mitigation element: [the scope of decision and sentence in the recommendation field] no mitigation element: The basic area of the type of general fraud among the fraud crime group: imprisonment with prison labor for 6 months to 1 year and 6 months [the general person] of imprisonment for 6 months: no mitigation element: no positive element of [the main reasons for suspension of execution of sentence] no affirmative element: Unagreement [the reasons for suspension of execution of sentence] no positive element: no negative element of a crime that has been committed before and after suspension of execution: no effort to recover damage [the decision of sentence] shall be added to the crime in this case in the course of the defendant's return to the victim and the victim.