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(영문) 대구지방법원 포항지원 2021.01.27 2020고단1119

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On August 2019, the Defendant: (a) around the convenience store located in Nam-gu, Daegu-gu, Seoul-gu; (b) the Defendant: (c) the victim B known to the general public, “The father of the family-friendly father of the family in the city has set a string factory; (d) the Defendant collected the flag used in the high flagpoles and displayed it on the new string; and (e) again made the string with the string expenses in a way of distributing and exchanging the flag to the flag, thereby making the flag.

The purpose of this paper was to read the false statement to the effect that, if N.N. lending funds to purchase the f.o.m., the f.m. f. will buy the f.m., return the f.m. in the above way, and that the f.m. money borrowed has the f.m. in the f.m., if sold in the f.m., it would be preserved as it is, and it would not be

However, in fact, even if the defendant received money from the victim as the purchase price, he did not want to pay his personal debt and use it as the money for gambling on the Internet, so there was no intention or ability to return the money received from the victim due to the high-marketing business.

Nevertheless, the defendant deceiving the victim as above and received 3,98,303 won from the C Union account (D) in the name of the defendant around August 14, 2019 and received from the victim around August 14, 2019, as well as from that time as shown in the list of crimes in the attached Table.

9. It received a total of KRW 20,178,223 over seven occasions until August 18.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A complaint, a detailed statement of each account transaction, a text message, a lease agreement, a criminal suspect and Kakao Stockholm conversation content, a process deed, a request for delivery of data, a statement of E transactions, and a statement of individual rehabilitation decision;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Articles 347(1) and 347(1) of the Criminal Act and the choice of punishment for the crime;

1. Article 62 of the Criminal Act: