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(영문) 대구지방법원 2013.11.20 2013고정2436

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Defendant

A had no intention or ability to repay money from another person because of extreme financial difficulties. A had no intention or ability to repay money from another person.

1. Nevertheless, around May 2011, the Defendant, at around May 2011, entered into a false statement, stating that “If the Defendant lends KRW 2 million to the victim, 200,000,000 per month, 13 months will be paid every month,” at the victim’s residence in Daegu North-gu, Daegu-gu, North-gu, 201, the Defendant received KRW 7-8,00,000 from the victim.”

2. Around May 2012, the defrauded, around May 2012, the Defendant, at the same place as above, concluded that “Around May 2012, the Defendant would lend KRW 3 million to the victim every 130,000,000,000 to him/her for 13 months.” Moreover, he/she received KRW 3 million from the victim in cash.

Accordingly, the defendant acquired property benefits equivalent to KRW 5 million from the victim who believed that it is true.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;