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(영문) 대구지방법원 서부지원 2014.09.25 2013고단1707
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around June 21, 2010, the criminal defendant against the victim B and the victim C made a false statement to the victim B at the victim B’s house located in Changwon-gu, Changwon-gu, Changwon-si, Changwon-si, Seoul., that “I will pay fab fab f fab fab fab fab fab fab fab fab fab fab

However, there was no intention or ability to repay even if the Defendant borrowed money from the victim B, because the Defendant was liable to pay the money without any particular property or income, and the money borrowed from the victim B was thought to be used as the Defendant’s living expenses or loan repayment, etc.

The Defendant, after deceiving the victim B as such, received KRW 1 million from the victim B, namely, from the victim B, to October 4, 201, from the above date and time to from October 4, 201, the Defendant received KRW 28,88 million in total from the victim B and the victim C in the same manner as the list of crimes in attached Form 11.

Accordingly, the defendant was provided property by deceiving the victims.

2. Around October 31, 2012, the Defendant made a false statement to the victim E that “the victim would have repaid 4,300,000 won of the advance payment to the victim from the day on which the victim was paid on his/her face,” in the “Graeb for the operation of the victim E in Jindo-gun F.”

However, even if the defendant receives money from the victim as a prepaid, he did not have the intent or ability to perform the work or pay the prepaid money in the victim's multilateral bank.

After deceiving the victim as such, the Defendant received 4.3 million won as a prepaid deposit from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to B, C, H, and E

1. Relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act (Selection of Imprisonment) concerning the crime;

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