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(영문) 대구지방법원 2017.12.21 2017고단4778
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall obtain money from the applicant C to the applicant C, KRW 24,220,00, and the applicant D for compensation.

Reasons

Punishment of the crime

1. On May 3, 201, the criminal defendant against the victim C made a false statement to the victim C, stating, “I wish to repay money to the victim C at an early time from which I would lend money to the victim.”

However, the defendant did not have any particular property at the time and did not have any intent or ability to repay money from the injured party, such as reporting the enemy of at least one million won each month while operating the restaurant.

The Defendant, as above, was issued KRW 24,220,000 in total nine times as shown in the List of Attached Crimes, including the fact that 50,000 won was delivered on May 3, 201 from the victim, under the pretext of borrowing money from the victim.

2. On April 5, 2013, the Defendant against the victim D is expected to pay the amount to the victim D after one month from the payment of the university registration fees.

The phrase “ makes a false statement.”

However, the defendant did not have any particular property at the time and did not have any intent or ability to repay money from the injured party, such as reporting the enemy of at least one million won each month while operating the restaurant.

The Defendant, as above, was issued KRW 42,30,100 in total on 17 occasions as shown in the List of Crimes (2) as follows, including the Defendant, by deceiving the victim and being granted KRW 2,741,00 on April 5, 2013 from the victim as the borrowed money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The application of Acts and subordinate statutes on transactions of self-reliance deposits, a written statement, a statement of transaction, a statement of damage, a certificate of transfer of a motor vehicle, a copy of acquisition tax and a receipt, etc., reply upon request for cooperation by an investigation, a detailed statement of deposit transactions, and a detailed statement of transactions of self

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 aggravated Criminal Act for concurrent crimes.

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