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(영문) 대구지방법원 2012.11.09 2012고단1129 (1)
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

around September 2010, Defendants (Defendant D, and A) conspiredd to acquire money from Victim F with the well-known knowledge of Defendant A in order to raise money for gambling after making all 20 million won and 30 million won the Defendants possess from E through horse gambling.

On February 16, 2011, at around 17:35, the Defendants stated that the Defendants would have an interest of 20% in the victim at the H H construction site in the influent restaurant near the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G of the G. The Defendants

However, the defendants thought that the above money should be used for the gambling fund, not for the construction fund, and there was no intention or ability to pay the above money without any specific property.

Nevertheless, the Defendants deceiving the victim and received a copy of the KRW 50 million check from the victim at the seat.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. The police statement concerning F;

1. Application of Acts and subordinate statutes on investigation reports (to listen to the time of committing and soliciting crimes inD);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. When the reason for sentencing an alternative sentence of imprisonment with prison labor has become more severe, the two parties conspired to borrow money again from the victim and used it for gambling, and the amount repaid by the Defendant so far has not yet been recovered to a meaningful extent.

① In particular, the Defendant maintained a close-friendly relationship with the victim and took part in lending money from the victim; ② The victim first filed a complaint against D only when the Defendant was investigated, and immediately submitted a written agreement and a written withdrawal of the complaint against the Defendants when the investigation was commenced. ③

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