beta
(영문) 대구지방법원 2017.07.06 2016고단2573

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant was sentenced to imprisonment with prison labor for six months due to occupational embezzlement, etc. at the Daegu District Court on June 2, 2016 and the said judgment became final and conclusive on June 10, 2016.

On July 2012, when the Defendant came to know of the victim B while running the Internet game around 2012, and caused the shortage of living expenses during the pets, the Defendant was able to acquire money as deposit money from the victim as if she married with the victim and was in mind from the victim.

On September 2013, the Defendant called the victim on the phone and was pregnant with the victim.

Around October 19, 2013, the Defendant paid the down payment of an apartment house that he/she agreed to reside after marriage at the “D real estate office” office located in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-do. On the other hand, the Defendant made a false statement that “The remainder of the deposit for lease on a deposit basis shall be left to the Guate who is in custody and shall be paid by the Guate.”

However, the fact that the defendant did not have any pregnancy of the victim, and there was no intention to marry with the victim, and even if the victim received money from the victim, it did not use it as a deposit for apartment rent, and tried to use both the defendant's living cost and the Internet game cost.

Defendant deceiving the victim as above and transferred 19 million won as the deposit money for the lease on October 25, 2013 from the victim to the account of each Defendant, and KRW 10 million as the deposit money for the lease on November 1, 2013.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to B;

1. Account transactions;

1. Previous convictions in judgment: Inquiry into criminal history data and application of Acts and subordinate statutes of a report on criminal investigation (final judgment of a suspect);

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, and the reason for sentencing of imprisonment with prison labor was pregnant in the absence of any intention to marry with the victim;

When making a false statement, 29 million won is planned in the name of the deposit for the lease on a deposit basis.