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(영문) 대구지방법원 2017.08.10 2016고단6332
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 28, 2014, the Defendant would pay the victim C with whom he was aware of influence in Daegu and below, for the amount of money in which he would be 10,000 won in the betting amount, not for the amount of money in large amount, but for the amount of money in several sites, so there is no loss or risk of the principal or risk, and if he lends money to the victim C, he would be 10,000 won in the amount of money in which he would be able to receive the profit of the betting amount.

“A false statement” was made.

However, in fact, the Defendant did not use the money borrowed from the injured party for the purpose of betting in both directions of sports and did not intend to use the money for the purpose of betting, and thus, there was no intention or ability to pay the interest on the principal and interest on the 10th of each month to the injured party with the proceeds of betting.

As such, the Defendant, by deceiving the victim, received 3 million won from the victim to the Defendant’s husband’s account in the name of one bank account in the name of the Defendant’s husband D, from that time, and acquired 178,288,000 won in total over 26 times from that time until April 17, 2015, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Part concerning C’s statement concerning the suspect interrogation protocol against the defendant

1. Statement by each prosecutor with respect to C;

1. An investigation report (Attachment to a photograph of a message screen), an investigation report (afford analysis of the Kakao Stockholm content - content dialogueed on the both sides of sports earth), an investigation report (a document attached to a suspect and a human Kakao Stockholm conversation with a criminal suspect);

1. The defendant and the defense counsel asserts that there was no deception since the defendant used 4,8280,000 won of the amount acquired through deception as operating expenses of a mobile phone store according to the victim's instructions.

According to the above evidence, the defendant gets profits from the victim's own sports discussions throughout the two directions.

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