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(영문) 대구지방법원 안동지원 2016.01.19 2015고단321
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

피고인은 2012. 3. 초순경 칠곡군 C 원룸 402호에서, 스마트 폰 채팅 어 플 즐톡에 가입하여 “D” 라는 가명을 사용하여 채팅으로 피해자에게 ” 암에 걸려 수술비가 필요 하다, 친오빠가 수감되어 벌금이 필요한 데 500만원이 필요하다 ”라고 말하면서 피해자로 하여금 동정심을 유발하였다.

Around March 5, 2012, the Defendant: (a) obtained a credit card from the injured party and used the card, but did not have the intent or ability to pay the approval amount prior to the date of approval; (b) obtained a credit card from the injured party; (c) obtained a credit card and received a credit card from the injured party in the same manner as indicated in the list of crimes in the attached Table 143 times from that time to June 13, 2013, and obtained the credit card and received the credit card from the injured party or received the cash directly by receiving the credit card from the injured party before the date of approval; and (d) obtained the credit card and received the credit card from the injured party as a proxy; and (e) obtained the credit card from the injured party and received the credit card from him/her in the same manner as indicated in the list of crimes in the attached Table 78,447,180 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 347(1) of the Criminal Code of the pertinent legal provision on criminal facts (as a whole, the criminal facts of this case are the same as that of the defendant as if they were the virtual figures of "D," and the victim suffered an accident of the victim's recovery, and eventually, the victim was lent to "D," and the amount of money stated in the facts charged is paid to the defendant.

On the other hand, the defendant had been able to find the victim as the defendant's friendship with the above "D". On May 5, 2012, the defendant issued a summary order of a fine of KRW 2 million on October 8, 2014 as a criminal fact committed by the defendant directly from the victim under the pretext of congratulations around May 5, 2012.

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