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(영문) 대구지방법원 서부지원 2012.11.08 2012고단722
사기
Text

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

However, 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 September 30, 2005, the Defendant stated that “A F Hospital Soviet must enter the United States and report to a neighboring victim E at one’s own house located in Seogu-gu, Daegu-gu, and that “A F Hospital Soviet must be reported, but there is no flight value, and thus money is needed to be paid. If the president lends KRW 7 million to him, he borrowed 7 million as a second installment of the month, he borrowed the money to him.”

However, in fact, the defendant did not have been requested to borrow money from the above Gwon under the above name, and there was no intention or ability to repay the above money with no special income or property at the time.

The defendant, from March 30, 2006, by deceiving the victim six times from that time, as shown in the list of crimes, from that time to March 30, 2006, he received a total of KRW 26 million as the borrowed money from the victim, i.e., receiving KRW 7 million from the victim as the borrowed money.

2. As of November 1, 2010, the Defendant stated that “A victim E may receive a loan of KRW 300 million from a doctor’s association member, who is an employee of the doctor’s association, the Defendant would receive a loan of KRW 20 million to the head of the doctor’s association team and would receive a loan of KRW 20 million.”

However, as the Defendant was not a member of the Medical Association, it was not possible to receive 300 million won loans from the Medical Association, and even if she borrowed money from the victims, she did not intend to use the said money as a street loan and did not have any special revenue or property at the time and did not have any intent or ability to repay

The Defendant received 20 million won from the victim as the borrowed money, namely, from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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