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(영문) 대구지방법원 포항지원 2014.04.29 2013고단1132

사기

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 11, 2012, the criminal defendant against the victim B made a false statement to the victim that “A victim B would want to get a loan as security at the south-gu Office C at an port, Nam-gu, Seoul, the victim knew that B would want to get a loan as security.”

However, in fact, the defendant would have the victim get the loan to the victim in order to raise the money due to the need for his own expenses, living expenses, etc., so the fee has been changed, and there was no intention or ability to allow the loan as security.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim on November 7, 2012, KRW 1 million on or around November 8, 2012, KRW 4 million on or around November 9, 2012, KRW 1 million on or around November 16, 2012, and KRW 1 million on or around November 16, 2012, and received KRW 9 million in total as a loan fee.

2. Around January 2, 2013, the Defendant against the victim E made a false statement to the victim E working at the “G” electronic equipment retail shop located in Nam-gu, Nam-gu, for the said retail store to the effect that “The price will be settled after installation.”

However, the defendant did not have an intention or ability to pay the price even if he purchases the goods from the victim, such as there is no income due to the absence of a certain occupation and the debt amounting to KRW 15 million.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a television amounting to KRW 2 million on the same day.

Summary of Evidence

1. Statement of the defendant in the first protocol of trial;

1. Application of Acts and subordinate statutes of each police statement protocol to B and E;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of punishment by law: Imprisonment; and