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(영문) 대구지방법원 서부지원 2015.10.15 2015고단957
사기
Text

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

However, 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

On June 7, 2012, the Defendant made a false statement to the victim E, “I would pay a lot of money to make an investment in the Internet game business, and will pay a monthly interest if I would not pay any money.”

However, the Defendant did not have any revenue or property at the time, and all of the funds borrowed from the victim were thought to be used for the Internet illegal gambling, so there was no intention or ability to repay the funds even if they were borrowed from the victim.

Nevertheless, on June 8, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the victim with a new bank account (14009668405) in the name of the FF on the 11st of the same month; (c) received KRW 3 million from the Daegu Bank account in the name of the Defendant’s motherF; (d) KRW 2 million from the said Daegu Bank account on the 14th of the same month; and (e) received KRW 2 million from the said Daegu Bank account on the 18th of the same month; and (e) received KRW 1.2 million from the said Daegu Bank account on the 18th of the same month.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Application of the Act and subordinate statutes on account statement in the name of the F Bank;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the confession of a criminal conduct and reflects the depth of the criminal conduct, the fact that the criminal defendant has no record of the same criminal conduct, and the total amount acquired by deception from the victim

1. Social service order under Article 62-2 of the Criminal Act;

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