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(영문) 대구지방법원 상주지원 2013.09.24 2013고정87

사기

Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, rhythizing the facts charged without changing the indictment and recognizing the facts charged.

On October 9, 2012, the Defendant was sentenced to two years of suspension of execution in October 17, 2012 for criminal fraud in the residents support of the Daegu District Court on October 9, 2012.

On October 201, 201, the Defendant made a false statement to the victim D by phoneing the victim D from the Defendant’s house located in Gyeongcheon-gun B and 1104 (C apartment) (C apartment), which read that “I would pay back immediately after lending money. I would like to lend money.”

However, the defendant is operating a system.

Even if a large amount of debt borrows money from the victim, there was no intention or ability to repay it.

Nevertheless, on October 14, 201, at around 14:56, 201, the Defendant, by deceiving the victim as such, obtained 9.7 million won from the Defendant’s agricultural bank account (E) under the name of the Defendant and acquired it by money.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement in the second interrogation protocol of the defendant against the police;

1. Receipts without passbooks;

1. Criminal records: Application of statutes governing judgment; and

1. Relevant Article 347 (1) of the Criminal Act concerning the crime, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;