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(영문) 대구지방법원 경주지원 2013.06.04 2013고단165

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 5, 2012, the Defendant made a false statement to the victim’s cell phone contact with the victim B, stating that “The Defendant would complete payment after one week if he/she borrowed the money that he/she would have to pay to the victim. He/she would have to pay the money that he/she would have to pay for the delivery.”

In fact, the Defendant did not have any intention or ability to repay the amount, even if he borrowed money from the victim due to the lack of special assets at the time.

Ultimately, the Defendant deceiving the victim as above and transferred 2 million won to the deposit account of the Defendant’s credit union under the name of the Defendant on May 12, 2012 from the victim, and acquired 12.5 million won from the Defendant to the Agricultural Cooperative Deposit Account under the name of the Defendant on May 30, 2012. < Amended by Act No. 11483, May 30, 2012>

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to the receipt of cash custody certificates, ledger of receipt and details of deposit transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (the decision of a fine shall be made in consideration of the fact that the victim wishess the wife of the defendant, reflects the fact that the victim is going against, the health conditions of the defendant, etc. by agreement with

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;