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(영문) 대구지방법원 경주지원 2013.03.20 2012고단1173

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 2006, the Defendant made a false statement to the victim D, stating, “When commencing construction of nuclear radioactive waste in the border, many people will work in the E-cafeteria in the place of the work. It is necessary to guarantee insurance.”

However, even if the defendant receives money from the victim, he did not have any intention or ability to allow the victim to operate the restaurant.

Ultimately, around June 12, 2006, the Defendant, by deceiving the victim as above, received KRW 1.755 million from the victim to the post office deposit account in the name of the Defendant’s father F’s husband as the guaranteed insurance policy, and the Defendant appears to have written the Defendant’s total amount of KRW 6,6350,000,000 in total until July 9, 2010, as shown in the list of crimes in the attached Table, appears to have any clerical error.

(2) The remittance was transferred and acquired by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of the details of deposit transactions in the complainant's name, and the details of deposit transactions statutes;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of a sentence (generally, the choice of imprisonment with prison labor) shall be determined as ordered in consideration of all the circumstances constituting the sentencing conditions specified in the pleadings of the case, including the following circumstances against the accused, the age, character and conduct of the accused, and circumstances after the crime:

The favorable circumstances: A reflective or partial damage recovery (15 million won): DF of the F Crime List - this award, the fact that no adequate damage recovery has been made until two years and eight months have passed since the crime of this case was committed -