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(영문) 대구지방법원 2014.06.19 2013고단7065

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 18, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for fraud, etc. at the Daegu District Court, which became final and conclusive on October 26, 2013.

【Criminal Facts】

Around the end of 2008, the Defendant made a false statement to the victim C, stating that “A legitimate pawne shall be operated in the vicinity of the Gangseoland, and the interest shall be paid at 4% per month on the loan of money.”

However, in fact, the defendant was only a plan to use the cafeteria operating expenses operated by himself with money from the victim, and did not operate the pawnban near the Gangseoland, and there was no intention or ability to pay the principal and interest even after borrowing the money.

Nevertheless, around February 7, 2009, the Defendant received 47,000,000 won from the victim’s post office account in the name of the Defendant from the phone bank, from that time, from that time to September 30, 2009, totaling KRW 491,720,000, as shown in the crime list, from September 30, 2009.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of the accused (including part concerning the C’s statement);

1. Statement of the police statement regarding C;

1. A complaint;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of judgment attached) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the choice of punishment (to be punished by imprisonment with prison labor, including each content);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act, based on the suspended sentence, amounts to KRW 490,000,000, and the fact that the defendant has not yet agreed with the victim is that the defendant is disadvantageous to the defendant.

However, all of the crimes of this case are recognized by the defendant, and the amount discharged by the defendant and the victim.