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(영문) 대구지방법원 2013.06.20 2013고단612
사기
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A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 25,00,000 won in balance to the applicant for compensation.

Reasons

Punishment of the crime

When gambling funds are needed due to gambling in a casino in a fixed line, the Defendant got money from the victim B, a male-gu female-friendly C, to use for gambling funds.

On January 30, 2012, the Defendant made a false statement to the victim that “I will continue to operate the PC room, and if I will lend the down payment to the other part of the PC, I would like to pay the down payment without fail.”

However, in fact, the Defendant did not have a plan to open the PC, and as such, when money for gambling was insufficient, there was no intention or ability to repay even if money was borrowed from the victim.

Nevertheless, the defendant deceivings the victim as above, and thereby, 4.25 million won on the same day from the victim, and the same year.

2.3.13.5 million won, and the same year.

2. 11.8750,000 won, and the same year.

2. 17.4.5 million won, and the same year.

3.4. 4. 4.5 million won has been remitted, respectively;

Accordingly, the defendant deceivings the victim and defrauds the victim a total of KRW 35 million over five times.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 25 (1) 1, and Articles 31 (1) and (2) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. The reason for sentencing under Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Declaration of Provisional Execution is that the defendant was punished by a fine for fraud in 2009 and 2010, and the defendant again committed the crime of this case even though he was punished by embezzlement in 2010, and the defendant committed the crime of this case again. After the crime of this case, the defendant was fully imprisoned to gambling. After the crime of this case, the victim paid a total of KRW 10.5 million to the victim and paid a total of KRW 10.5

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