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(영문) 대전지방법원 2014.05.12 2013고단4561
사기
Text

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

Reasons

Punishment of the crime

Around January 2012, the Defendant, a partner company of the Korea Highway Corporation, was in charge of patrol over large-scale highways, and became aware of the victim D who was working at the general information center for the rest area of the above expressway C. Since April 2012, the Defendant developed from around April 2012 to the relationship with the victim.

On August 30, 2012, the Defendant told the victim to the effect that “The Defendant shall pay 500,000 won to the Defendant, if he/she is in need of pay, as he/she borrowed 50,000 won.”

However, at the time, the Defendant did not have any other property, and retired from the above B and did not have any certain income on July 2012, and even if the Defendant borrowed money from the victim as above, it was recorded as the so-called “credit bad” in financial institutions due to approximately KRW 75 million, there was no intention or ability to repay the money in time.

Nevertheless, the Defendant received 500,000 won from the victim to the Agricultural Cooperatives Deposit Account in the name of the Defendant on the same day and acquired the money from the victim.

From that time until April 13, 2013, the Defendant received 43,300,000 won from the victim as the borrowed money without intent or ability to repay in a total of 16 times as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A complaint (including details of deposits attached and copies of bankbooks);

1. Application of a copy of judgment;

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. From among concurrent offenders, in light of the fact that the reason for the sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is not written, the damage is not recovered, and the victim is in a relationship with the victim, the criminal liability of the defendant is heavy.

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