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(영문) 대구지방법원 김천지원 2014.05.01 2013고단1883
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2012, the Defendant parked in a parking lot with no knowledge of the name in Gumi-si C on March 15, 2012, and provided the victim D with the medical care of KRW 50 million to the victim D as a second week from the starting point in the future. On the same day, the Defendant was transferred KRW 10 million to the national bank account in the name of the Defendant on the same day.

However, the facts are as follows: (a) the Defendant: (b) KRW 30 million from E on June 3, 200; (c) KRW 30 million from F on August 16, 201; (d) KRW 30 million from F on November 25, 201; (e) KRW 50 million from F on July 11, 201; (c) KRW 30 million from G on July 201; (d) KRW 15 million from personal debt to H on several occasions on March 3, 201; (e) KRW 185 million from personal debt was paid; and (e) KRW 30 million was paid from F on March 4, 2012; and (e) the Defendant did not have any intent or ability to pay money from D by taking cash services on March 4, 2012.

After all, the defendant deceivingd D and received KRW 10 million from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to I and D;

1. Investigation report (victim's DNA telephone investigation) and investigation report (victim's phone investigation);

1. Application of Acts and subordinate statutes regarding the list of individual rehabilitation creditors and the account list for national banks;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the fact that the defendant is the primary offender, the fact that the defendant has agreed with the victim, the size of the amount of fraud, the relationship with the victim, etc.);

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