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(영문) 인천지방법원 부천지원 2013.06.13 2013고단595
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in construction business, and the injured party B is a mother of the defendant.

On February 26, 2011, at a place where the place of the Republic of Korea is unknown, the Defendant made a false statement to the victim, stating that “The transportation cost would have to transport scrap metal, and the transportation cost would have to loan money to the victim.” If so, the Defendant would sell scrap metal in Korea.”

However, since the defendant did not have any scrap metal to transport, he did not need to pay the scrap metal, rather he thought that he would receive money from the victim to use it as hotel accommodation, food expenses, and flight season value, and did not have any property at the time, so even if he borrowed money from the victim, he did not have any intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim to the account in the name of the money changers C on the same day, and received KRW 14 million in total from the victim six times from around that time, as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Grade B of the interrogation protocol of the accused to the prosecution;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes on the immigration status of individuals;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Although there is room to view that the Defendant, who is selected as an alternative criminal defendant, is recognized to commit a crime, and the amount of the defraudedation of the instant fraud crime is not significant according to the view, the Defendant, without paying 30 million won of nursing expenses to the victim who has her mother for 6 years, acquired money from the victim by using the psychological state of the victim who had no choice but to accept the above nursing expenses upon the Defendant’s request. In light of the relationship between the Defendant and the victim, the circumstances leading up to the Defendant’s crime, etc., it is extremely poor to commit the crime, and the defrauded money

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