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(영문) 대구지방법원 포항지원 2013.05.16 2013고단290

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 25, 2006, the criminal defendant against the victim C made a false statement to the victim C at E-cafeteria located in Nam-gu, Nam-gu, Seoul, stating that “I will pay the victim with the money borrowed from others, if I lend KRW 10,000,000,000,000,000,000,000 won.”

However, in fact, although the monthly income at the time was 3 million won, but the interest to be paid every month was 1.9 million won and the interest to be paid every month was more than 3.2 million won, and there was a significant situation that there was no other property or income, and even if there was no other property or income, it did not notify the victim of such economic situation.

As such, the defendant deceivings the victim, which is, i.e., 10,00 won from the victim, and acquired it by fraud.

2. Around August 2008, the Defendant made a false statement to the victim F, who was at the entrance store located in Nam-gu G at the port, stating that “The victim F will be employed in the port and port union within one year from a week, and will be employed in the port and port union within one year from a week.”

However, the defendant did not have the intention or ability to find employment in the above union.

Around September of the same year, the Defendant, by deceiving the victim, received 50,000 won as employment intermediation from the J restaurant located in North-gu I at the port of port from the victim, and obtained 50,000 won as employment intermediation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to F and C;

1. Application of Acts and subordinate statutes to each letter;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. The stay of execution seems to have considerable time to reflect on the person's daily life for a considerable period of time under Article 62 (1) of the Criminal Act, the victim F and the person's fine shall be imposed;