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(영문) 창원지방법원 마산지원 2014.10.01 2014고단695
사기
Text

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

Reasons

Punishment of the crime

around September 7, 2013, the Defendant made a false statement to the effect that “Aber land was involved in a traffic accident, and it is necessary to treat the victim.” On January 2, 2014 and March 2014 of the same year, the Defendant would pay the fund installment savings to the victim.”

However, in fact, the father of the defendant did not have a traffic accident, or the defendant did not have an intent or ability to pay money even if he borrowed money from the victim.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received KRW 200,00 from the victim to the account in the name of the Defendant, as a loan, from the victim. From that time, until April 24, 2014, the Defendant received KRW 23,39,370 in total from the victim on 37 occasions, such as the list of crimes in the attached Table 1, from the victim.

On June 5, 2012, the Defendant called the victim Q Q, and made a false statement to the effect that “The Defendant would pay off the face value insurance money or installment savings to the victim Q within one to two months from the other.”

However, the defendant did not have any insurance or installment savings, and even if he borrowed money from the victim, he did not have any intent or ability to pay it.

Nevertheless, as above, the Defendant, by deceiving the victim, received 70,000 won from the victim to the account in the name of the Defendant, as a loan, from the victim, and received 36 times more than April 7, 2014, the Defendant acquired 48,530,000 won in total from the time to April 7, 2014.

Summary of Evidence

"2014 Highest 695"

1. Defendant's legal statement;

1. Statement of the police officer with regard to theO "2014 high-ranking 767";

1. Defendant's legal statement;

1. Application of the protocol of statement by the police to Q Q

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;

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