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(영문) 대구지방법원 김천지원 2013.08.14 2013고단406
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant was a D insurance solicitor in the old and American City C, and the defendant was aware of the victim E, a workplace of her husband, through the introduction of her husband, through the introduction of the defendant's husband, in order to acquire money from the victim.

On September 14, 2010, the Defendant concluded on September 14, 2010, that “The Defendant would create money by investing in an insurance or financing with money to the victim at a restaurant where the name in the Gu-U.S. Do-dong is unknown.”

However, in fact, from 2008, the Defendant did not have certain property or income as a bad credit holder, and even if the Defendant received money from the victim for the debt of KRW 70 million, it was thought that it would have been used as a repayment of the Defendant’s debt, living expenses, etc., and there was no intention or ability to create a neck by investing money in the insurance or finance, and there was no intention or ability to return the principal difference.

From September 15, 2010 to January 13, 2012, the Defendant received a total of 82,50,000 won from the victim by the same method over 16 times, as shown in the list of crimes in the attached Form.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part of statement E in the second protocol of interrogation of the accused by the prosecution;

1. Part of statement E in the second police interrogation protocol against the accused;

1. Each police statement of E;

1. A complaint filed by E;

1. Each investigation report (to attach a statement of remittance on February 28, 201, and to hear statements by telephone from the complainants);

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of sentence [decision of types] for frauds, where the amount of punishment is less than KRW 100 million (Special Aggravations] (Special Aggravations): In a case where repeated crimes have been committed over a considerable period of time [the scope of decision and recommendation range in the area of recommendation] increased area, one year to June suspended execution.

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