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(영문) 전주지방법원 군산지원 2017.09.13 2017고단777
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 2013, 2013, the criminal defendant against the victim C made a false statement to the victim C at the defendant's house located in Hasan-si D, Hasan-si, stating, “I will give up KRW 50 million to the victim C, who has joined the house, begins again from June 2013. If B made an investment, I will give up to KRW 25 million which is half of the total amount when I would escape from the house last time.”

However, the fact that the Defendant did not have joined the 50 million won foot mold, and there was no fixed import, and there was no housework.

Even if an investment has been received from the injured party, there was no intention or ability to return the money normally after receiving it.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) around February 28, 2013; (c) around March 5, 2013; (d) KRW 3 million around March 5, 2013; (c) KRW 2 million around March 22, 2013; and (d) KRW 3 million around April 16, 2013; and (e) received KRW 10,300,000 from the victim under the pretext of investment.

2. On April 10, 2013, the criminal defendant against the victim E attempts to purchase electronic equipment in advance to the victim E at the place described in paragraph 1 at around April 10, 2013.

3 million won is insufficient, and if the loan is lent, it shall be repaid immediately to the end of the director on April 17, 2013.

“A false statement” was made.

However, the fact that the defendant does not have a fixed import and is in a state that he has a close position.

Even if one borrows money from the injured party, there was no intention or ability to pay the money normally.

Nevertheless, the Defendant, by deceiving the victim by the foregoing method, received three million won around April 10, 2013 from the injured party, and two million won around April 12, 2013, respectively, and received five million won in total from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes on details of complaint, receipt, and account transaction;

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

1. The former part of Article 37 of the Criminal Code, and Article 38.

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