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(영문) 대전지방법원 2013.08.16 2012고단4844
사기
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A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 14, 2009, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Daejeon High Court on November 30, 2009, and the parole period passed on March 4, 2010. On December 14, 2012, the Daejeon District Court sentenced two months of imprisonment with prison labor and one year and four months of imprisonment with prison labor, etc., and the judgment became final and conclusive on April 26, 2013.

[2012 Highest 4844] Around July 3, 2010, the Defendant, even though there was no particular property and did not have any intent or ability to repay money from the victim, he saw the phone call to the victim C without Gwangju or does not have sufficient money. If the Defendant borrowed KRW 4 million, he she would buy the vehicle and then complete the payment of the vehicle. The Defendant acquired KRW 4 million from the victim.

[2013Kadan415] Around December 27, 2011, the Defendant made a false statement to the victim D, who was engaged in the middle and high trading trading business, stating that “When sending the middle and high-ranking sales proceeds, the Defendant would send one of the high-ranking vehicles in Ecoos and one of the middle and high-ranking vehicles in Scoos until December 28, 201.”

However, the defendant did not have the intention or ability to send the vehicle to the victim, and was thought to use the money received from the victim as money for gambling.

The Defendant, by deceiving the victim as such, received the remittance of the total sum of KRW 41.6 million on December 27, 201, and KRW 27 million on December 28, 201, and KRW 41.6 million on December 28, 201.

Summary of Evidence

[2012 Highest 4844]

1. Partial statement of the defendant;

1. The legal statement of C by the witness;

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An investigation report (a report on the investigation of “inhuman G”);

1. Financial transaction information (IBK Bank);

1. Daejeon District Court Decision 201No5538, Daejeon District Court Decision 2013No59, Daejeon District Court Decision 2013No59

1. Daejeon High Court Decision 2008No486, Supreme Court Decision 2009Do1130

1. Determination on the criminal intent of acquiring the identity of the defendant (2013 piece of order 415) shall be made to the victim.

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