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(영문) 창원지방법원 밀양지원 2014.12.24 2013고단680
사기
Text

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

Reasons

Punishment of the crime

1. On April 10, 2006, the criminal defendant against the monthly salary of the C Company stated that "poner shall make a full payment if he/she has any money that he/she would know about to manage the money, she will make a return later by gathering the monthly salary at home and return it later."

However, at the time, the Defendant owed a loan worth of KRW 60 million, and the average monthly income is merely KRW 800,000,000,000, and was appropriated for the Defendant’s repayment of the Defendant’s debt and living expenses, etc., so there was no intention or ability to return it later even if it was received from the victim.

The Defendant acquired the right of disposal of the victim’s monthly pay 990,600 won by receiving the victim’s passbook and cash card from the victim at the victim’s seat, and used it as living expenses, etc., and acquired the financial benefits equivalent to KRW 68,934,130 in total over 63 times, such as the list of crimes in attached Form (1).

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

2. Around November 5, 2011, the Defendant, at the F Company’s monthly salary, by deceiving the victim E at the place indicated in paragraph (1) in the same manner as described in paragraph (1), acquired the right to dispose of KRW 800,000 from the victim’s account in the name of the victim, i.e., acquiring the victim’s cash card from the victim, and using it as living expenses, etc., and acquired the financial benefits equivalent to KRW 5,340,000 in total on seven occasions, as shown in paragraph (2) of the attached list of crimes.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Statement of the police statement of E;

1.The complaint, certified copies of income amount, copies of payment notes, and each description of transactions;

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