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(영문) 대구지방법원 영덕지원 2020.02.12 2019고단196

사기

Text

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

However, 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

The defendant is a victim B and a high school relationship.

On June 2015, the Defendant was living in the apartment house of Jung-gu Seoul Central Government, Jung-gu, Seoul, and was in the house of the above house and the cost of living was needed, and he was willing to deceive the victim and acquire the money by deceiving him.

On July 2015, the Defendant issued a false statement to the victim, “The Defendant: (a) at an infinite location below the Seoul Western-gu Seoul Western-gu C; (b) at a finite 1, etc., the Defendant sent the victim a “finite photograph of the winning 1, etc.” that was set up on the Internet and stored on the Defendant’s cell phone in the front road located in the Seoul Jung-gu E around February 2015; and (c) the head of the Tong who received the winning money was suspended from payment; and (d) the Defendant borrowed the cost of resolving the problem of the passbook and the cost of attorney’s living, if the Defendant loaned the cost of the head of the Tong and the cost of living, the payment of the head of the Tong will be suspended.”

However, the Defendant did not have won any prize in the Rato lottery, and there was no certain income or property at that time to use the money as living expenses, etc., so even if he borrowed money from the victim, the Defendant did not have any intention or ability to complete the payment.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 150,00 from the victim under the pretext of living expenses, etc. around August 3, 2015, under the name of the victim, and received KRW 150,000 from the bank account under the name of the Defendant (H). From that time, from June 1, 2017, the Defendant received a total of KRW 51,585,650 in total over 10 times from that time by the same method as in the list of crimes in the

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in B and B of the suspect examination protocol of the accused by the prosecution;

1. A criminal investigation report (Attachment to a photograph of Rototo paper);

1. Details of account transactions;

1. Application of the photographic Acts and subordinate statutes;

1. Criminal facts;