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(영문) 인천지방법원 부천지원 2014.09.26 2013고단2849

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around September 11, 2009, the Defendant asked C to the effect that “A victim C who was a partner at the time of his own house located in Ansan-si, Ansan-si, to pay the money required for transportation cost,” who would be “I will pay the money immediately if I want to pay the money.”

However, at the time, the Defendant borrowed his apartment house and vehicle as security, on the other hand, with no particular income or other property, and thus, it was difficult to pay interest on the loan. Therefore, even if the Defendant borrowed money from the victim, the Defendant did not have the intention or ability to pay it.

Nevertheless, the Defendant, as seen above, received 30,000 won from the victim on the same day from the victim, from that time until July 13, 2010. From that time, the Defendant received 24,151,100 won in total from the victim on 48 occasions, such as the list of crimes in the attached Form from July 13, 201.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Copies of payment notes, details of use of credit cards, copies of passbooks, and cellular phone usage fees;

1. Investigation report (a statement by a complainant and a copy of passbook);

1. Investigation report (to hear and report a complainant's telephone statement);

1. A report of investigation (report on repreparation of a list of crimes);

1. Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of judgment, etc.);

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