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(영문) 대구지방법원 2019.09.25 2018고단2807
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 18, 2015, the Defendant made a false statement to the victim B by phone at an unsound place, stating, “Abstiny is lost. It has passed a New Year’s Leave and will be transferred by re-issuance of a passbook.”

However, in fact, the defendant did not have any specific property and did not have any ability or intent to repay the money in a timely manner even if he borrowed money from the victim with no specific occupation.

As above, the Defendant, including by deceiving the victim and receiving KRW 300,000 from the victim, received a total of KRW 13,678,500 from June 5, 2015, from that time, and had the victim settle the card, as shown in the attached crime list.

Accordingly, the Defendant had taken property and acquired pecuniary benefits by deceiving the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

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

1. The crime of this case on the grounds of sentencing under Article 347(1) of the relevant Act and Article 347(1) of the Criminal Act of the choice of punishment for the crime of this case is to be determined by taking into account the following factors: (a) the crime of this case was committed by acquiring approximately KRW 1367,00 from the victim who was female her mother-gu, and the criminal liability is grave; (b) no particular measures for recovery from damage have been taken up until now; and (c) a number of kinds and records of crimes have been recorded; and (d) a sentence identical to the order of the

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