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(영문) 수원지방법원 안산지원 2013.09.27 2013고단1634
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On February 18, 2011, the Defendant made a false statement to the victim B, who became aware of the fact that he/she works as an employee, had a telephone at a place in which he/she was not an employee, and that “I would pay insurance proceeds or receive a loan.”

However, in fact, the defendant was unable to receive monthly pay without any specific property, was not entitled to receive insurance money or receive loans, and he was unable to borrow money due to the lack of money to pay personal debts and living expenses, so there was no intention or ability to pay the money.

As above, on February 18, 201, the Defendant, by deceiving the victim, received 200,000 won from the victim’s national bank account (C) with the Defendant’s name on February 18, 201, and acquired 29,714,000 won in total from the victim through the same method from February 13, 2012 through the same method as indicated in the attached crime list.

2. On December 13, 2011, the Defendant made a false statement to the victim D, who became aware of his/her employee as a customer at a multi-faceted place of customer, that “I wish to pay back money after three months if I want to lend money for hospital expenses and living expenses.”

However, the defendant did not think that he would use the above money as the hospital expenses of his father, and there was no intention or ability to repay the money to the victim because there was no particular property or income, such as he bears the debt borrowed from B as stated in paragraph (1).

As above, on December 13, 201, the Defendant, by deceiving the victim, took over KRW 2,50,000 from the victim to the national bank account in the name of the Defendant (C).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of Acts and subordinate statutes to a bank transaction statement, a detailed statement of passbook transaction, and a copy of a new transaction application;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts and the selection of punishment;

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