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(영문) 대구지방법원 경주지원 2017.06.22 2017고단158

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant, at around February 12, 2016, lent money to the victim C who was living together at the time of the racing-si on February 12, 2016, and received high interest from the Defendant and repaid the principal to the two months.

“A false representation was made.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not intend to lend the money to the person in need of the payment, and was intended to use the money for personal hospital expenses and living expenses of the Defendant, so there was no intention or ability to pay the principal and interest to the injured party normally.

Nevertheless, the Defendant, as seen above, received cash 20 million won from the injured party on February 12, 2016, and received cash 15 million won on May 20, 2016 under the same name, and received cash 80 million won on August 24, 2016 and received cash 80 million won on or around August 24, 2016 and acquired by defrauded KRW 115,00,000.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to file a complaint, a written confirmation of payment of insurance proceeds, a cash storage certificate, a note, and each investigation report (the statement by the victim's telephone, the submission of evidentiary materials C)

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of a sentence (comprehensive imprisonment with labor);