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(영문) 광주지방법원 목포지원 2014.04.04 2013고단1836
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On July 2012, 2012, the Defendant issued a false statement to the effect that “The Defendant would have been employed as a staff member of the Korea Coast Guard in the Korea Coast Guard’s office in the Korea Coast Guard, which was operated by the victim D, who was located in the Mana Island B, as the victim in the Korea Coast Guard, is in charge of the head of the team in the field of painting’s painting (which is located in the Korea Coast Guard). However, as the company president, the managing director, and the teaching place frequently frequently, a few persons who are employed may be employed. As the training expense, the Defendant would have been employed as a staff member of the Korea Coast Guard in the Korea Coast Guard.”

However, the defendant was not the team leader in the field of industrial painting in the modern3, but merely a staff member of the subcontractor in the industry in the modern3, and even if he was paid the money from the victim, he did not have the intent or ability to find the victim's children in the industrial sector in the modern3.

Nevertheless, on July 8, 2013, the Defendant, by deceiving the victim as above, was issued ten copies of the cashier’s checks of KRW 1 million under the pretext of school expenses by the victim.

2. On October 4, 2012, the Defendant made a false statement to the victim D that “A person would make payment within 2 months if he/she borrowed 110 million won as he/she is urgently required to pay money.”

However, the defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim because he did not have any property under the name of the defendant.

Nevertheless, the Defendant, by deceiving the victim as above, received or delivered KRW 11 million from the victim under the same day as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Statement made to D by the police;

1. A criminal investigation report (Correction of any statement made by a victim);

1. Details of passbook transactions (E) and application of Acts and subordinate statutes on the current status of check issuance transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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