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(영문) 대구지방법원 경주지원 2013.10.30 2013고단503
사기등
Text

The defendant shall be punished by imprisonment with prison labor for eight months, and a fine of two million won for the second crime in the judgment.

Reasons

Punishment of the crime

On September 19, 2012, the Defendant was sentenced to a suspended sentence of two years for six months for fraud in the Daegu District Court and racing support.

9.27. The judgment became final and conclusive.

1. On December 20, 2010, the Defendant concluded that “The Defendant shall lend money to the victim C so that he/she should immediately prevent the card,” and that he/she shall repay it after making soup.”

However, at the time, the Defendant had already been bearing a large amount of obligation, and there was no particular positive property or income source, and there was no intention or ability to repay the borrowed amount to the victim even if he borrowed money from the victim, because he thought that the borrowed amount would be used for paying living expenses or the existing debt.

As above, the Defendant deceivings the victim and received 2 million won from the victim, i.e., the money borrowed from the victim.

The Defendant, not later than January 11, 2012, by five times until January 11, 2012, by deceiving the victim as shown in the attached crime list, and obtained a total of KRW 59 million from the victim and acquired it by deception.

2. On March 23, 2013, the Defendant, at around 20:25, operated a F car in the state of blood alcohol concentration of about 0.078% from the 1km section from the 1km section in the Dongcheon-dong, Seocheon-si to the front road of the Felo apartment located in the Sung-dong, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the prosecution against C (including the G’s statement part);

1. A report on detection of a host driver;

1. Copy of remittance, written confirmation of details of deposit and withdrawal transactions, full certificate of registered matters, copies of the agricultural bank passbook, details of each transaction, and details of deposit transactions;

1. Previous convictions indicated in the judgment: Criminal records and other inquiries, and application of Acts and subordinate statutes for investigation reports (No. 1, No. 175-179 of investigation records);

1. Article 347(1) of the Criminal Act (Fraud and Selection of Imprisonment) and Article 148-2(2)3 and Article 44 of the Road Traffic Act for the purpose of criminal facts and the choice of punishment.

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