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(영문) 대구지방법원 2020.04.23 2020고단778

사기

Text

A defendant shall be punished by imprisonment with prison labor for four 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

On September 9, 2019, the Defendant called the Defendant to the Victim B who was friendly in the Republic of Korea (hereinafter referred to as the “SIF”) at the early FIF, and called the Defendant to the effect that the Defendant was subject to seizure of the KIF passport, which was related to the case of violence with local people of the Republic of Korea. Unless otherwise agreed, the Defendant could not return the passport to Korea. If the Defendant borrowed the amount of KRW 50 million,000,000,000,000,000,000,

However, there was no circumstance that the Defendant was involved in violent incidents in the Philippines, and there was no need to reach an agreement. At the time, the Defendant was able to receive money from the victim to use it for personal purpose, such as repayment of personal debt and gambling, and accordingly, there was no intention or ability to repay the money even if it was received from the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim with a new bank account (C) in the name of the Defendant, KRW 6 million on September 11, 2019, and KRW 28 million on September 16, 201 and KRW 22 million on September 16, 201, respectively, and acquired KRW 28 million in total twice.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of trade-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Although the errors of the defendant in the reasons for sentencing under Article 62(1) of the Criminal Act are not less than those of the defendant in the suspension of execution, the defendant is against the defendant, and the victim does not want the punishment of the defendant, and the defendant's age, character and conduct, environment, means and result of the crime, etc., and other factors of sentencing as shown in the trial process of this case such as the circumstances after the crime