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(영문) 대구지방법원 포항지원 2013.11.14 2013고단710
사기
Text

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

Reasons

Punishment of the crime

On December 2, 2006, the Defendant made a false statement to the victim J in the Defendant’s residence located in Mapo-gu International Building 203, Nam-gu, Mapo-gu, Mapo-gu, Mapo-si, that “The lease contract for the office of father and the office of father owned by Mapo-gu is expected to be concluded between them. Therefore, if the Defendant borrowed money, the Defendant would pay the borrowed principal with the amount that would be paid as the office rent within three months and the interest

However, at the time, the Defendant had already 40 million won, such as the lease deposit and down payment, etc. of the I-building officetels owned by his father, and was in the condition of being frightened in his father, and not only borrowed money from the victim but also the rent from the above officetel lessee in the future was planned to consume it as casino gambling money, so there was no intention or ability to pay it like the promise even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, obtained KRW 8 million from the victim on the same day and acquired it by deception, and from around that time until September 10, 2007, the Defendant received KRW 47,500,000 in total four times from that time to September 10, 207 as stated in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to J police officers;

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

1. In light of the circumstances such as the pertinent provision of the criminal facts and Article 347(1) of the Criminal Act’s provision on the selection of punishment (constition of imprisonment with prison labor), the fact that the defendant, for the reason of sentencing, was a large amount of money acquired by the defendant, has restored the damage so far or has not received a letter from the victim,

However, in consideration of the circumstances such as the fact that the defendant reflects his mistake, the punishment as the disposition shall be determined as per Disposition.

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