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(영문) 대구지방법원 2018.10.18 2018고단3495
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal history] On December 12, 2016, the Defendant was sentenced to ten months of imprisonment for fraud, etc. in the Dong branch of the Busan District Court, and completed the execution of the sentence in the Busan District Court on June 16, 2017.

[2] On October 2016, the Defendant and the victim C (hereinafter “Defendant”) have disposed of the land donated by the Defendant’s mother-child to the Defendant while living in the detention house in Busan, and the Defendant disposed of the land at the detention house in Busan, the Defendant’s business was also defective when discharged.

At the same time, the person has limited to himself/herself as a person with considerable financial capabilities.

On June 30, 2017, the Defendant included the amount equivalent to KRW 350,00,000,000,000 which disposed of the land donated from his/her father in the head of the Tong/Dong, at the post office of Cheongdo-si, Cheongdo-gun, Cheongdo-gun, Cheongdo-si, but there is no seizure of the head of the Tong. Accordingly, the Defendant would pay money by lending KRW 1.5 million.

In addition, it made a false statement to the effect that it is "a person who prepares money together with the business when finding money."

However, the Defendant did not have received donations, and there was no passbook which contains a sum of KRW 350,000,000,000, and the Defendant made false statements to the victim for the purpose of raising living expenses, etc. as long as he was released, so even if he borrowed money from the victim, he did not have any intention or ability to pay such money.

As such, the Defendant, by deceiving the victim, received KRW 1,50,000 from the injured party for the same day as the borrowed money, and thereafter, received property or acquired property benefits in total at least KRW 38,938,580 from September 15, 2017, as shown in the list of crimes in attached Form 107.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. Complaint;

1. An inquiry into transaction details, an inquiry into transaction details, a transaction details, a transaction details of a modern card, a transaction details of Samsung Card, and a withdrawal statement out of insurance;

1. A previous conviction in judgment:

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