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(영문) 대전지방법원 서산지원 2013.10.25 2013고단93

사기

Text

A defendant shall be punished by imprisonment for four months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On October 201, the defraudation Defendant made a false statement to the victim C, who was aware of a usual place at a time below the end of the month, that “I would immediately make reimbursement when I would pay for food expenses if I would pay for the following month. I would like to say that “I would like to make a payment if I would like to make a payment for food expenses. I would like to say that I would like to make a payment in the future. I would like to say that I would like to make a payment for food expenses. I would like to say that I would like to make a payment in the future.”

In fact, the Defendant had no intent or ability to repay the debt amounting to KRW 300-40 million due to the damage, etc. at the time, even if he borrowed money from the said victim.

Nevertheless, around that time, the Defendant received KRW 10 million from the victim as the borrowed money and acquired it by fraud.

2. Around May 18, 2012, the Defendant, who acquired a deposit money, made the victim’s false statement that “I would have made the number system of the 10 million won in our husband’s name, so I would have changed to join the number system,” and that if I would have joined the number system, I would like to be able to normally set down in the order of the victims.

In fact, the defendant had no intention or ability to pay the amount determined by the victim as a result of operating the normal system due to the debt such as damage, etc. as described in the above paragraph (1).

Nevertheless, around May 18, 2012 and around June 18, 2012, the Defendant obtained 500,000 won each of the aforementioned false statements from the victim as a deposit money, and acquired them by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's protocol of interrogation of the accused (C substitute part);

1. Application of Acts and subordinate statutes on the list of reporters and copies of books, copies of bankbooks and certificates of transaction by member account;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Matters concerning the promotion of litigation, etc. as to the application for compensation.