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(영문) 대구지방법원 경주지원 2014.12.10 2014고단591
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2010, the Defendant told the victim C by asking the phone from the Defendant’s officetel located in Yongsan-gu, Youngdong-gu, Yongsan-gu, Seoul at the early 09:00, which reads that “it is necessary to make investment in securities, and pay a shortage of deposit money. It is necessary to lend KRW 20 million and pay a full-time payment.”

However, the Defendant had no intention or ability to repay the borrowed money as promised because the Defendant had been reporting the continuous loss by investing the entire property in the futures option, and the Defendant had thought that the borrowed money from the victim would again invest in the futures option.

After all, the Defendant, as above, by deceiving the victim and then deceiving him from the victim on February 5, 2010, transferred KRW 20 million to a single bank account (D) in the name of the Defendant under the name of the victim.

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. The written statement of the defendant;

1. Application of Acts and subordinate statutes to a complaint, a loan certificate, a certificate of remittance of a commissioning bank, a chief executive officer, a criminal investigation report (report to the user of the borrowed money), a statement of account transactions in the same amount of securities, a deposit certificate, and a criminal investigation report (report to telephone communications by

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. As to the suspended sentence of Article 62(1) of the Criminal Act, the basic area of category 1 (less than KRW 100 million) (the decision of sentence) (not more than June to June) (the decision of sentence) is not agreed upon with the victim, and the 10 million won out of the amount of damage has not been paid, but the 10 million won has not been paid, and the 10 million won has not been paid out of the amount of damage, and other records and arguments, such as the fact that the defendant's age, character, family environment, and circumstances after committing a crime, etc., and all kinds of sentencing conditions under Article 51 of the Criminal Act, which can be known through pleadings, are considered.

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