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(영문) 대구지방법원 2019.05.15 2019고단874

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

피고인은 2018. 9. 7.경 필리핀 이하 불상지에서 P 메신저를 통해 피해자 Q에게 “내가 필리핀에 여행을 왔는데 퍽치기를 당해서 여권과 돈을 다 잃어 버렸다. 호텔비 50만 원을 빌려주면 2018. 9. 20.경 귀국하여 바로 변제하겠다”라는 취지로 거짓말을 하였다.

However, in fact, the Defendant had a debt of KRW 100 million with bad credit standing without any certain property or income at the time, and was suspected of acquiring a total of KRW 160 million by defrauding money, so there was no intention or ability to repay the same as the agreement even if he borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, received 50,000 won from the time when he was transferred to the S Bank account (Account Number: T) in the name of R on the same day from the victim to the 19th day of the same month, and acquired 5,204,70 won in total from the time of transfer to the account or by allowing the settlement of the price of goods by means of the credit card of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of Q Q;

1. Details of transactions, sales slips, and marketing details;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. In full view of all the circumstances, such as the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime, the age of the defendant, the same kind and records of the crime, the details of the crime in this case, the amount of fraud, and the circumstances after the crime, the sentence of the same punishment as the order shall be imposed on the defendant.