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(영문) 인천지방법원 2013.10.29 2013고단4968
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant is between the victim B and the victim.

The Defendant continuously borrowed money from the victim to have a total of KRW 17 million.

Around October 15, 2008, the Defendant falsely stated that “The Defendant shall subscribe to the number system operated by Neine, pay the face value of the Jeju-gu C apartment 101 Dong-gu, Incheon, and pay the face value of the week to the victim, and shall pay the existing debt after receiving the face value.”

However, the Defendant did not have the ability to pay the paid-in capital of 2 million won per month due to the absence of special income at the time, and had the intent to use the borrowed money from the victim as the gambling fund at a fixed-term casino.

Around January 15, 2009, the Defendant, by deceiving the victim, had the victim join the 21st unit of 21 million won in total, by allowing the victim to take account of the 21st unit of 21st unit of 20 million won, and received delivery from the victim of the same place in the same manner after deducting the existing loan money under the pretext of guidance.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation;

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 (including the confession and reflect of the fact of the crime by the defendant, and the point agreed with the victim);

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