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(영문) 대구지방법원 서부지원 2013.12.17 2013고단1051
사기
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendants are mother and child.

1. Around March 14, 2011, Defendant A made a false statement to the victim, who was aware of the victim C's home of the Daegu-gu Dolle B 301, “A shall repay to the victim within two weeks as soon as he/she lends money in short of KRW 10 million, and he/she shall repay to the victim within two months at the latest.”

However, in fact, the defendant did not have any particular property or income, so even if he borrowed money from the victim, there was no intention or ability to pay according to the promise.

After deceiving the victim as such, the Defendant was given KRW 10 million from the victim’s seat.

Accordingly, the defendant was given property by deceiving the victim.

2. Around April 29, 2011, Defendant B made a false statement to the victim’s house as stated in paragraph (1) stating, “When he/she lends KRW 10 million to the victim a mobile phone business, he/she will complete the mobile phone business in three months with a sufficient and rapid maturity, and in one month with his/her mother’s loan.” Moreover, his/her mother will also complete payment of money.

However, in fact, the Defendant did not have any intent or ability to pay as agreed even if he borrowed money from the victim because the Defendant, without any particular property or income, bears a financial right obligation equivalent to KRW 14 million, a bond equivalent to KRW 8 million, and the Defendant did not have any intent or ability to pay the money.

After deceiving the victim as such, the Defendant received 10 million won from the victim’s seat to the account under the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 of the Criminal Act of the Suspension of Execution;

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