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(영문) 창원지방법원 2013.05.31 2013고단652

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 46,543,100 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

From June 8, 2006 to March 9, 2009, the Defendant acquired a total of KRW 96,069,000 from the victim C by borrowing KRW 226 times from the victim C under the pretext of borrowing money. On January 26, 2010, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution at the Changwon District Court on January 26, 201, and the said judgment became final and conclusive on June 16, 2010.

On August 8, 2010, the Defendant made a false statement to the effect that “The Defendant would pay the Defendant money that he borrowed prior to receiving the smuggling wage,” putting the phone to the Defendant, and that it is necessary to file a complaint with the Labor Administration. If the Defendant borrowed the money, he would receive the smuggling wage and pay it immediately with the deposited money.”

However, even if the Defendant borrowed money from the victim, he was thought to use the previous borrowed money for the cost of living, and there was no intention or ability to repay the money even if he borrowed money from the victim because there is no particular property.

On August 10, 2010, the Defendant, by deceiving the victim, received KRW 500,00 from the victim to the Agricultural Cooperative account in the name of the Defendant D on August 10, 2010, and thereafter, received from the victim 12 times from that time through the same method until December 3, 2012, total of KRW 46,543,100, as shown in the annexed crime list, was remitted from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. Detailed statement of transaction, and detailed statement of passbook transaction;

1. Investigation report (report on suspect's husband's E telephone statement);

1. Application of Acts and subordinate statutes to written judgments (2009 Height3742), inquiry reports on criminal records, etc., and investigation reports (a copy of judgment, etc.);

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

1. The amount of money for the accused for sentencing of Articles 25(1), 31(1), (2) and (3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Compensation Orders and Provisional Execution Sentence.