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(영문) 대전지방법원 2013.10.24 2013고단3125

사기

Text

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

Reasons

Punishment of the crime

Around September 11, 2012, the Defendant, who was working for a bond business with a large amount of property, such as that the Defendant graduated from the Korea Naval Academy, and had a lot of property, was transferred from the victim to the Agricultural Bank (E) account in the name of the Defendant in the name of the Defendant, on the following grounds: (a) around September 11, 2012, the Defendant stated that “I would have a good real right and would have to complete payment if I would have a good real right if I would have lent KRW 10 million,00,000,000,000 won.”

In addition, on November 13, 2012, the Defendant continued to receive KRW 10 million from the victim’s account in the name of the Defendant on the part of the victim, who was parked in the front of the G Hospital in the area F of Seo-gu Daejeon, Seo-gu, Daejeon, stating that “I have good water rights, and if I have lent KRW 25 million, I would have to pay KRW 1 million per month interest.”

However, the Defendant did not have any property or income to the extent that he/she is designated as a person eligible for livelihood benefits from July 2012 and did not have any intent or ability to repay the money from another person since he/she did not have any property or income.

Accordingly, the defendant deceivings the victim and 20 million won in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant Article of the Criminal Act as to the crime and Article 347 (1) (Selection of Imprisonment) of the Criminal Act concerning the method of deceiving, defraudation, damage recovery for the reason of sentencing, consideration of the same criminal record (four times of actual punishment, one time of suspended execution, one time of fine), age and health conditions of the defendant, etc.;