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(영문) 대구지방법원 2013.10.10 2012고단8878

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On December 29, 2009, the Defendant made a false statement to the victim E (the 51-year-old) at the D coffee shop located in Daegu Suwon-gu, 2009, stating that “The Defendant will help the victim carry out a large construction work at his own face.”

However, even if the defendant receives money from the victim, he did not have an intention or ability to assist the victim in carrying out a large construction work.

The Defendant, by deceiving the victim as above, received KRW 16.5 million from the victim’s place of residence, and received KRW 5 million from the Defendant’s passbook on April 26, 2010, and received KRW 1.5 million on June 15, 2010, by transfer of KRW 1.5 million to the Defendant’s passbook.

2. On December 10, 2010, the Defendant made a false statement to the victim, stating, “The Defendant would assist the victim to obtain a loan of KRW 1 billion on the face of the principal expenses.”

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

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Defendant’s passbook, and transferred KRW 5 million to the Defendant’s passbook on the 13th of the same month, and received KRW 20 million in total from the above coffee shop on the 20th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of E;

1. A protocol concerning the examination of the accused by the prosecution (a letter-type one time);

1. A protocol concerning the police interrogation of the accused (second time);

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of the police statement of E;

1. A complaint filed by E;

1. The loan certificate;

1. The defendant and his defense counsel regarding the assertion of Internet banking transfer certificate and the defendant's defense counsel are not merely borrowed money but merely borrowed money from the victim in return for promising a construction contract or a large amount of loan from the victim, and the amount borrowed from the victim is not KRW 36.5 million, but also KRW 26.5 million.