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(영문) 대구지방법원 김천지원 2014.01.03 2013고단1357

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In around 2005, the defendant knew that he was judged to have a second degree disability of the brain lethal disease, and tried to defraud money by deceiving the victim.

1. Around April 23, 2009, the Defendant made a false statement to the victim D who was fatd in F’s stable containers in the Gu-U.S. Si-si E, stating, “A restaurant operated by the Defendant shall not be operated well. When lending money, the Defendant will use a short stop.”

However, at the time of fact, the defendant did not have any intention or ability to pay the monthly income to the victim even if he borrowed money from the victim because he did not have any money remaining at the time of paying the monthly income equivalent to 1.8 million won.

The Defendant, by deceiving the victim as above, received 3.2 million won from the victim to the account under the name of the Defendant on the same day under the pretext of borrowing money, and the next year of the same year.

4.24.A request made to adjust the victim to four million won on or around the same year;

5. Around 23. Cash receipt of KRW 8 million in total and KRW 4 million;

2. Around the beginning of May 2009, the Defendant made a false statement to the victim D, stating that “I need to see a farmer, so I need to see it.”

However, in fact, the defendant did not think about the farmer's death at all, received Tracker from the victim, and had sold it, and tried to use the money for personal use.

On the same day, the Defendant, by deceiving the victim as above, was issued from the victim, one Tracker in the market value of KRW 10 million, which is the victim’s possession in front of the G Defendant’s house in the Gu-U.S. city.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. Part of statement D in the second police interrogation protocol against the accused;

1. Application of the police statement law to D;

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

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;