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(영문) 대구지방법원 상주지원 2013.05.21 2012고단509
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around October 2010, the Defendant stated that “The Defendant may gain a large amount of profit if he/she lends the money to the persons in the name of his/her company,” and that “The Defendant shall be liable for the payment of KRW 10 million, and the interest on each month shall be paid and the principal shall be repaid until April 201.”

However, at the time, the defendant did not have any property or income with bad credit standing, while the defendant did not have any intent or ability to repay the above money even if he borrowed the above money from the victim.

As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim to the Agricultural Cooperative Account under the name of Do, which was prior to November 2, 2010 and KRW 8 million restricted, and by deceiving the victim through the above method, and acquired the total amount of KRW 15 million by deceiving the victim to the same account on November 16, 2010 and KRW 17 million on December 3, 2010, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. The written statement by the police about C (the fact that not only the defendant led to the crime in the court, but also the defendant's property and income status, the defendant's resident registration number was intentionally stated in the victim's certificate of borrowing based on evidence, the use of borrowed money and the details of repayment, and the defendant's assertion that even if he actually lent money from the victim as money for gambling, it can be expected that it is reasonable for anyone to not receive money borrowed from the victim for illegal gambling even if he/she actually borrowed money from the victim as the money for gambling, and 2.3 million won paid by the defendant as interest to the victim around December 3, 2010 appears as a means for additional crimes, etc., the application of the law to the defendant shall be recognized to have committed the crime of deception and deception).

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 of the Criminal Act:

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