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(영문) 대구지방법원 2016.03.25 2016고정54
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 13, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in the Western District Court Branch Branch of the Daegu District Court on March 13, 2014, and the execution of the sentence was terminated on March 13, 2014. On June 5, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for larceny and was finally decided on the 29th of the same month.

1. On June 12, 2014, the Defendant: (a) at the victim C’s home located in Daegu-gu, Daegu-gu, Seoul-gu, the Defendant needs to operate operating expenses for the singing shop operated by the mother’s mother.

On the 20th day of the same month, a false statement was made to the effect that a person would have repaid money.

However, the Defendant did not engage in the transaction of passbooks due to bad credit, and the unpaid fine was more than 10 million won, and even if he borrowed money from the bond company due to the demand of the bond company, he did not have any intent or ability to repay it.

The defendant deceivings the victim as above and obtained 4,000,000 won from the victim to the Daegu Bank Account in the name of D, who is a person who is the defendant, as the loan money on the same day from the victim.

2. On June 18, 2014, the Defendant left the said victim’s “any money entered in the passbook to operate a golf shop” in the same place as that of paragraph 1.

A false statement was made to the effect that “I will pay money if the price of goods sold at the end of the month enters.”

However, the defendant did not operate a golf shop, and even if he borrowed money from the injured party for the reasons of Paragraph 1, he did not have the intention or ability to repay it.

The defendant deceivings the victim as above and acquired the amount of KRW 2,200,000 from the victim to the above Daegu Bank account on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. C’s petition;

1. Application of the details of deposit transactions and the copy of the loan certificate;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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