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(영문) 대구지방법원 경주지원 2014.11.12 2014고단657
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On September 2012, the Defendant visited the victim B, who became aware of in the entertainment tavern located in Dongcheon-dong, Dongcheon-si, with “Is without unmarried. Is that I continue to reduce KRW 500,000 per month.” The Defendant got access to the victim, and thereafter was able to raise business funds from the victim.

On October 12, 2012, the Defendant, at a place where it is difficult to know the address of the racing city or less, sent a phone to the victim, thereby falsely stating that “The Defendant would have to pay off the cargo vehicle at the end of the month when the cargo vehicle operation expenses are insufficient, and the loan is lent.”

However, the fact was that the defendant had already married, and the defendant had no profit in the cargo transport business, so the defendant was virtually insolvent, so there was no intention or ability to repay the borrowed money from the victim.

The Defendant received 100,000 won from the victim to the bank account opened in C under the name of C in the name of the same day.

In addition, the Defendant received a total of KRW 17,286,567 from the victim to May 6, 2013 as stated in the list of crimes in the attached Table from the above date and time to May 6, 2013, and received a total of KRW 17,286,567 from the victim as a loan, and had the victim bear KRW 26,00,000,000 for oil payment that the Defendant

Accordingly, the defendant, by deceiving the victim, received property and acquired pecuniary benefits equivalent to the amount of debt.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution and the police (including the part of the victim's interrogation);

1. Protocol of each police statement concerning B;

1. In the application of the Act and subordinate statutes, the investigation report (the details of transactions to be submitted by suspects), specification of transactions (A, E), accusation statement, details of savings deposit transactions, payment order (loans), copy of contents certification, investigation report (related to correction of amount of damage caused by complaint), each passbook, cash card copy (A), copy of the protocol of mediation (A) (B) and investigation report (to be reported on victim's statement).

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