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(영문) 대구지방법원 2014.04.25 2013고단6045
사기
Text

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

Reasons

Punishment of the crime

On March 31, 2010, the Defendant stated, “The 2013 Highest 6045, the Defendant, at the D Rehabilitation Center where the Defendant located in Daegu-gu, Daegu-si, the head of the headquarters, “The Dolst tenant was a director, and the Dolst tenant was paid the deposit for lease on a deposit basis” to the victim E who worked as the rehabilitation teacher of the above rehabilitation center. The Dolst tenant was paid the deposit after 2-3 months if the 15 million won was lent.”

However, there was no fact that the Defendant did not pay the security deposit due to the lack of studio, and there was no intention or ability to pay the amount of the victim's personal debt by borrowing money from the victim, and there was no intention or ability to pay the amount of the victim's personal debt for a short period.

Nevertheless, the Defendant, by deceiving the victim as above, received a loan of KRW 15 million from the victim's name, and acquired it by fraud.

The Defendant, “2013 Highest 6510” from February 1, 201 to December 31, 201, had been employed as the president of the D Rehabilitation Agency in Daegu North-gu, Daegu-gu. However, even if there was no plan to employ the said D Rehabilitation Agency’s driver, the Defendant did not have any intent or ability to employ him as the above D Rehabilitation Agency’s driver even if he did not receive money from others on or around June 201.

Nevertheless, on June 20, 201, the Defendant, at the Director General of the D Rehabilitation Agency located in Daegu-gu North Korea, issued a false statement that “40 million won is to be employed as a driver of the D Rehabilitation Agency at Jeju-gu, and then received three million won in cash from the victim on July 2, 2011, and received three million won from the victim on the street in front of the Dadong-gu, Daegu-gu, Suwon-gu, and received 15 times in total from around that time until October 15, 201, as shown in the list of crimes.

Summary of Evidence

"2013 Highest 6045"

1. Partial statement of the defendant;

1. Statement made by witnesses E in the second protocol of the trial;

1. Part E to each police suspect interrogation protocol against the accused;

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