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(영문) 대구지방법원 포항지원 2014.01.08 2013고정494

사기등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Around September 1, 2010, the defrauded made a false statement to the effect that “Around September 1, 2010, the Defendant was holding a video interview with the victim C in the Cheongsong-gun, Cheongsong-gun, Cheongsong-gun, the Defendant, who was confined by the Defendant, provided that “Around September 1, 2010, the Defendant would have to pay the money to the victim, even though not having been aware that it is difficult to give the money, and that the Defendant would have to receive the money upon the discharge of the Defendant.”

However, in fact, the defendant did not have any other property than KRW 150,000,000 for non-performing loans against D and did not have any interest on the above claim and did not have any intention or ability to recover the above claim and to repay the borrowed amount to the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 500,000 from the victim around September 1, 201, KRW 3 million around November 17, 201, KRW 500,000 around January 19, 201, and KRW 6 million in total around June 15, 201.

2. No person who violates the Resident Registration Act shall unlawfully use the resident registration number of another person for the purpose of identifying the identity or identifying the identity of another person.

On November 29, 2012, the Defendant: (a) sought to suspend sending of the cell phone in the name of the victim used by the Defendant C; (b) made the victim’s resident registration number known to the Counseling Institute to the Counseling Institute at an unspecified place; and (c) terminated the situation of suspension of transmitting the cell phone by making it known to the victim himself/herself.

In this respect, the defendant used another person's resident registration number in order to confirm his identity.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes on receipts of postal money orders;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense, Article 347(1) of the Election of Criminal Act, and Article 37 subparag. 10 of the Resident Registration Act;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;