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(영문) 대전지방법원 2015.01.30 2014고단2375

사기

Text

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

Reasons

Punishment of the crime

On May 2009, the Defendant became aware of the Victim C (V, 61 years of age) who was on behalf of her husband who was a horse patient in Dong school affairs 1, 462, Dong school affairs.

1. Around February 8, 2010, the Defendant made a false statement to the effect that “If he/she has paid money to him/her and has transacted money, he/she would have paid money with interest on a considerable amount of money to him/her.”

In fact, even though the Defendant did not have any particular property or revenue source and did not have the intent or ability to repay it even if he borrowed money from the victim, the Defendant, by deceiving the victim as above, received 1.5 million won from the victim to the account of community credit cooperatives (E) in the name of D on the same day, and received from March 5, 2010, a total of 5 million won from three times, as shown in [Attachment List Nos. 1 to 3], from March 5, 2010.

2. Around March 5, 2010, the Defendant made a false statement to the victim stating, “When he/she loans money to him/her to him/her and to purchase her to him/her, he/she will give her one letter later.”

In fact, even if the Defendant did not borrow money from the victim due to the absence of any particular property or revenue source, and did not have the intent or ability to purchase money for the future victim, the Defendant deceiving the victim and received 3 million won from the victim to the same account as the borrowed money on the same day from the victim, and then received 17 times a total of 69,70 million won from the victim from June 27, 201, as stated in the [Attachment] Nos. 4 to 20 of the List of Offenses Act from June 27, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to each investigation report (No. 46 No. 5 of the evidence list);

1. The relevant Article of the Criminal Act and the selection of punishment for the crime shall be punished by imprisonment with prison labor under Article 347 (1) of the Criminal Act;