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(영문) 대전지방법원 2013.11.07 2013고단2277

사기

Text

A defendant shall be punished by imprisonment for six 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 5, 2012, the criminal defendant against the victim C made a false statement to the victim of the E Hospital located in Daejeon Jung-gu, Daejeon, that “I would not have funds to purchase gift certificates, and would return gift certificates with interest of 20% after 3 to 4 days if I borrowed money.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received 5 million won from the victim to the new bank account in the name of the defendant, and acquired it by deceiving the victim.

2. On November 19, 2012, the criminal defendant against the victim F made a false statement to the above E Hospital stating, “If he/she lends money to the victim, he/she will return it after adding 15-20% interest to the money borrowed from the merchandise coupon tin and card tin at the company and restaurant trading the money with the money.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, by deceiving the victim, received KRW 15 million from the victim to the new bank account in the name of the Defendant on the same day, and received KRW 6 million from the third bank account in the name of the Defendant, and transferred KRW 4 million to the third bank account in the name of the Defendant on November 22, 2012, and acquired KRW 2.5 million from the third bank account on December 5, 2012, and acquired KRW 27.5 million in total from the third bank account on December 5, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement against F and C;

1. Application of Acts and subordinate statutes on copies of bankbooks;

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. Consideration of the reason by fraud, fraud means, partial repayment, initial crime, family relationship, etc. of sentencing under Article 62(1) of the Criminal Act;