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(영문) 광주지방법원 2015.02.03 2014고단4746

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around September 30, 2013, the Defendant: (a) received a proposal from B, a member of the Korean War Veterans Association, who believed that he was a member of the Korean War Veterans Association; (b) “A person who received compensation by receiving well the grade even though he was suffering from any injury similar to the form of punishment; (c) may raise the class of defoliants; (d) he received money from C (the male and the age of 66) by taking advantage of the fact that he would raise the class of defoliants; and (d) received money from the victim C (the age of 66) who became aware of through B; and (e) received money from the victim C (the male and the age of 66) by telephone to raise the class of defoliants.”

However, the Defendant had no intention or ability to raise the level of defoliants of the victim. At that time, there was a lack of living expenses and need for money to repay personal debts, and thus, intended to receive money from the victim to use it as living expenses, etc. as necessary for raising the level of defoliants.

As such, the Defendant, by deceiving the victim as such, received KRW 300,000 from the victim on October 28, 2013, KRW 1.7 million on October 30, 2013, KRW 1 million on or around November 12, 2013, KRW 50,000 on or around December 10, 2013, and KRW 3.5 million on or around December 10, 2013 from the victim to the Agricultural Cooperative Account (D) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecutor's protocol of interrogation of the accused;

1. Statement made to C by the police statement;

1. Investigation report (in cases of suspect's principal transaction account investigation), investigation report (in cases of suspect's assertion that the complainant paid 500,000 won of borrowed money), investigation report (B telephone conversation report) and investigation report (E and telephone conversations details);

1. Application of Acts and subordinate statutes on agricultural bank deposit passbooks, certificate of transaction, statement of account in each defendant's name, and application of statutes on agricultural bank deposit passbooks in each suspect's name;

1. Criminal facts;