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(영문) 대구지방법원 김천지원 2013.08.22 2013고단563

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

When the Defendant operates a house in Gumi-si, Sinsi, the Defendant was aware of the victim D (the age of 62) (the age of 62) that he came to know to the Defendant in order to identify the location of his denial that he released, by means of putting the victim with money play, and by deceiving the victim as a receipt of money, thereby deceiving the victim to borrow money continuously from the victim.

On September 10, 2008, the Defendant stated that “If the Defendant borrowed money to play in money to the victim before the victim’s residence in the Gu-Si Si-si, the Defendant would pay off and pay interest by setting off the money with the money.”

However, in fact, from 2003, the Defendant did not have certain property or income as a bad credit holder, and even if the Defendant received money from the victim with a debt of KRW 60 million, it was thought that it would have been used as the Defendant’s debt repayment, living expenses, etc., but did not have the intent or ability to repay the borrowed money to the victim

The Defendant, as such, by deceiving the victim, received KRW 400,000 from the victim for the same day as the loan money, and received KRW 238,40,000 in total by the same method over 80 times from September 4, 2008 to August 13, 2012 as shown in the crime sight table.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each prosecutor's statement concerning D;

1. Detailed statements of transactions, three borrowed certificates, certificates of transactions, and details of financial transactions;

1. Application of Acts and subordinate statutes, such as a report on investigation (Attachment of passbook copies, passbook copies - Oral village No. No. 1) and copies of bankbooks, investigation reports (Attachment of notification), notification, investigation reports (Attachment of a certified copy and distribution schedule), and certified copy of bankbooks;

1. The relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing of sentence for the choice of imprisonment [the decision of type] is either one hundred million won or more, or five hundred million won.