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(영문) 대구지방법원 2014.04.18 2014고정705
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On April 20, 2012, the Defendant was sentenced to five months in the Daegu District Court for a violation of the Act on the Control of Narcotics, Etc. (fence) and the judgment became final and conclusive on April 28, 2012.

1. On November 15, 2010, the Defendant stated that “The Defendant introduced “A” to the victim as an employee to work in a multilateral bank, thereby changing the amount of KRW 6 million.”

However, the fact was that the defendant paid the advance payment to E only 4 million won.

As such, the Defendant, by deceiving the victim, received 2 million won, which is the difference from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and acquired it by deceiving the victim.

2. At around 12:00 on November 16, 2010, the Defendant called the Defendant’s house located in the Nam-gu Daegu Nam-gu, Daegu-gu, that “The Defendant made a phone call to the said victim, and “The Defendant would offer a phone call to the said victim. There is a debt to be repaid to the Plaintiff in the same day prior to the day, and thus, the Defendant would have a debt of KRW 4 million.”

However, even if the defendant received the advance payment from the victim, he did not intend to send the employee.

As such, the Defendant, by deceiving the victim, received 4 million won from the victim to the above account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. A complaint and a detailed statement of deposit;

1. An investigation report (statement E), an investigation report (in addition statement of a victim), an investigation report (the amount of damage specified and opinion), and an investigation report (related to the verification of entry into and departure from the NongHyup Account in the name of a suspect);

1. Previous records: Application of inquiries, such as criminal records, reports on the results of confirmation of the previous dispositions, case search, and each judgment ( Daegu District Court 2012No725, Daegu District Court 2010No5520), and statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;

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