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(영문) 대구지방법원 2014.01.10 2013고단6305

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

【2013 Highest 6305】 On March 21, 2012, the Defendant made a false statement to the victim U at a T cafeteria located in Daegu-gu, Daegu-gu, stating that “A person is sought from the U.S. military unit. In order to be employed in the U.S. military unit, good offices need to be arranged.”

However, there was no intention or ability to get the victim to work in the military unit.

The defendant was transferred from the victim to the defendant's agricultural bank account in the same name as the job placement fee, and 2 million won as the defendant's agricultural bank account around July 17, 2012.

Accordingly, the defendant was given property to the victim by deceiving the victim.

[2013 Highest 6703] On May 31, 2013, the Defendant stated that “A victim X is a pension, retired from office, and live in the public corporation. There are many lands and money, but all of them are integrated, later, the Defendant would pay off the card amount at the end of six months if he/she borrowed KRW 3 million.”

However, the defendant did not have any intention or ability to complete payment even if he borrowed money without any special property or occupation at the time.

The Defendant received 3 million won from the victim to the post office account (Y: Y) account in the name of the Defendant, and received from the victim for the same year.

7. Around 26.26. Around the above coffee shop, the victim made a false statement to the victim, and the member received KRW 200,000 from the victim.

Accordingly, the defendant deceivings the victim and defrauds the victim a total of 3.2 million won over twice.

Summary of Evidence

【2013 Highest 6305】

1. Defendant's legal statement;

1. Statement by the police of U;

1. A copy of a bankbook 【2013 Highest 6703】

1. Defendant's legal statement;

1. Statement of the police against X;

1. Application of Acts and subordinate statutes on financial transactions in the principal;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. The Criminal Act among concurrent crimes.