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(영문) 대구지방법원 2016.04.28 2016고단989
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant would pay back the money immediately to the victim J in the studio located in the Glovag-gun, Glovag-gun on July 8, 2015.

“.............”

However, in fact, since the defendant had already been prosecuted about about 78 million won and continued to be tried due to the charge of fraud, it was difficult to pay the above KRW 78 million to the other party as well as to raise living expenses. Therefore, even if he borrowed the above money from the above victim, he did not have the intent or ability to pay it.

As above, the Defendant deceptioned the victim and received 500,000 won from the victim to the agricultural bank account under the name of the Defendant, and, as shown in the List of Crimes, deceiving the victim from August 11, 2015 to the above 13 times from that time, and transferred 10,120,000 won in total as the borrowed money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to the Kakao Stockholm dialogue content, and each transaction details;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the option of punishment (a comprehensive crime of this case, including the crime of this case, shall be deemed to be a crime of acquiring money from the same injured person under the pretext of tax or hospital expenses for about one month while using the provisional name of "K";

The reason for sentencing a sentence of imprisonment - Unconvicted circumstances: The Defendant, using a false name, accessed the victim to take advantage of the sentence, and then again committed the instant fraud in the course of being prosecuted and tried for a trial by committing a crime of fraud ( approximately KRW 78 million).

Most of the damages were not repaid.

- A favorable circumstances: The defendant raises a child aged as an unmarried mother, and is against the defendant's recognition of the crime of this case.

- Other age, sex, and administration of the defendant.

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