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(영문) 창원지방법원 통영지원 2012.09.14 2011고단828
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant has no particular property, and the house owned by her husband B is under auction on July 2010, and around 2010, the defendant was liable for a total of KRW 44 million, including KRW 22,000,000,000 borrowed from her own property as operating funds, and it was difficult to pay interest for the debt in the situation where each enemy occurs due to the lack of good operation.

On February 7, 2011, the Defendant made a false statement that “The Defendant would receive a successful tender and complete payment if he/she borrowed KRW 200,000,000 to the victim D as a member of the award system of the fake will be paid.”

However, the defendant has already received the successful bid price, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

As above, the Defendant, by deceiving the victim, received 2 million won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day and received from the victim, and thereafter from the time of the same year.

3. By the time of June, 16, the victim received a total of KRW 14.3 million from the victim on five occasions, such as the list of crimes in the annexed sheet, and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of statutes to a copy of a cash storage certificate, a statement of deposit transactions in agricultural cooperatives, and a statement of transactions in new banks;

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

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