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(영문) 대구지방법원 2013.08.27 2013고단4295

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 10:30 on October 29, 201, the Defendant made a false statement to the effect that, “C” in the cash payment machine in Yongcheon-si B, Young-si, the Defendant: (a) called “C” to the effect that “I will pay KRW 10,000,000,000 to the victim after telephoneing the victim D to the said place; and (b) would pay the money immediately after receiving the security deposit if I lend money.”

However, even if the victim borrowed money from the victim, there was no intention or ability to repay the money within the agreed time limit.

Nevertheless, the defendant made such a false statement and received 7 million won as the borrowed money from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to investigation reports (a card attachment);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant repents his mistake, and the amount of damage is only seven million won, and the damage is only seven million won, and the victim and the victim have agreed smoothly with it. In addition, the defendant's age, character, conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and various reasons for sentencing as shown in the arguments of this case including circumstances after the crime are considered.