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(영문) 대구지방법원 안동지원 2013.04.02 2012고단1462
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On October 2008, the Defendant made a false statement to the victim B, who was on the premise of marriage with the Defendant at the time in front of the gallonyian department store located in Seo-gu, Seo-gu, Daejeon, Daejeon., that “I would use money as business funds and pay the principal monthly interest and principal.”

However, at the time, the Defendant did not have any intent or ability to pay the construction material costs and the bank loans to the extent of one billion won. Since there was no certain income, the Defendant did not have any intent or ability to pay it even if he borrowed money from the victim.

The Defendant received from the victim the remittance of KRW 4 million on October 30, 2008.

In addition, the Defendant received a total of KRW 13,260,00 from around that time to November 21, 2008 by means of the same four times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning investigation reports (Submission of data, such as details of accounts and transactions of victims);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (i.e., the confession and the point agreed with the victim) (1)

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