(영문) 대구지방법원 안동지원 2014.09.16 2014고정154

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(영문) 대구지방법원 안동지원 2014.09.16 2014고정154

사기

Text

Defendant shall be punished by a fine of 1.50,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 18, 2013, the Defendant said that the Defendant loaned KRW 300,00,00 to the victim D, since he was at the present house of the B apartment 205, 1108, Dong-dong, 18:00.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

The defendant received cash of 270,000 won from the victim, which deducts a prior interest (30,000 won), and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there is a small amount of money given as the basis of a judgment of conviction under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, considering all the relationship between the defendant and the victim, the ability to repay the defendant, and the behavior and attitude of the defendant after the receipt of the money, the crime of defraudation of the defendant may be recognized.

The acquittal portion

1. On April 18, 2013, the remainder of the charges of this case, excluding the part found guilty, as stated in its reasoning, that the Defendant by deceiving the victim D on April 18, 2013, thereby deceiving 300,000 won from the Defendant.

2. The defendant consistently acknowledged the fact that he borrowed money from the victim from investigative agency to this court, while the defendant stated that the amount actually received from the victim is KRW 270,000,000 after deducting 30,000 from the victim's interest in advance and the remaining KRW 30,000. In addition, if there is no objective evidence to confirm the amount of money actually received by the defendant, and there is no clear confirmation on this part through the victim's statement at the investigation stage, the evidence submitted by the prosecutor alone is the facts charged.

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