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(영문) 대구지방법원 2014.12.12 2014고단4117
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around April 15, 2009, the Defendant made a false statement to the victim B, stating, “If the Defendant lends 7 million won, she would return it more than a year if she would have borrowed her interest to intending to rent the pawned one on the boat of Gangwon-do.”

However, even if the Defendant borrowed money from the victim, it was thought that it was used as gambling money, and there was no intention or ability to repay it to the victim because there was a lot of debt and no particular income.

Nevertheless, the defendant deceivings the victim as above and acquired 7 million won from the victim to the account in the name of C on the same day.

In addition, the Defendant received a total of KRW 88 million from five victims over 11 times from April 15, 2009 to November 23, 2009, as indicated in the attached list of crimes, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D, B, E, F, and G;

1. Application of Acts and subordinate statutes, such as filing of a complaint and details of account transactions;

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

1.Article 37 (former part), Articles 38(1)2 and 50 of the Criminal Code among concurrent crimes;

1. The reason for the suspended sentence under Article 62(1) of the Criminal Act that the defendant committed fraud against many victims and escaped from the Philippines is disadvantageous. However, the defendant voluntarily returned to the investigative agency and voluntarily led to his/her presence at the investigative agency, and the confession of the facts of the crime and reflects his/her wrongness, the victims are fully compensated for the damages incurred, the victims have agreed to compensate for the damages incurred, and the first offender who has never been punished for the previous crimes is considered as favorable. In addition, the defendant's age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime are considered as favorable circumstances.

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