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(영문) 대전지방법원 2017.08.08 2017고단676

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant and the victim B respectively have children attending the Daejeon High School in the Daejeon Middle-gu, Daejeon High-ro, 159, which became known to each other.

The Defendant, around June 2011, at the above first-class elementary school of the U.S., paid back to the husband if he borrowed money due to the shortage of hospital expenses, etc. to the victim of the U.S. at the above first-class elementary school of the U.S. (hereinafter referred to as the “U.S.A.”).

“Around June 9, 2011, the victim received KRW 1.5 million from the Defendant’s husband to the national bank account in the name of the Defendant’s husband, and received from that time until April 3, 2013 a total of KRW 28 million from the victim, such as the list of crimes in the annexed crime list, from that time until April 3, 2013.

However, the Defendant merely borrowed money in order to repay the Defendant’s existing obligations under the circumstances where the Defendant did not have any money or his husband’s business trip, and there was no particular property at the time of borrowing money from the injured party, and there was a lot of obligation due to the failure in the operation of the child welfare business. Therefore, even if the Defendant borrowed money from the injured party, there was no intention or ability to repay the money.

Accordingly, the defendant deceivings the victim, and he received a total of KRW 28 million from the victim, which he received a remittance of total of 15 times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the details of passbook transactions, the contents of text messages dialogue, and investigation reports (the submission of additional data by the complainants) (the details of card use and the statement of entry and departure transactions);

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts, and Article 347(1) of the Criminal Act regarding the selection of a sentence, and Article 347(1) of the reasoning for sentencing of imprisonment were partly repaid (in addition to the repayment of KRW 10.8 million over three times in the past, the remaining amount of damages that have not been recovered after the action was brought to the victim’s criminal action is more than half, and the remaining amount has not been agreed with the victim, so set so far as the Defendant