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(영문) 대구지방법원 2013.12.18 2013고정2198
사기
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Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 4, 2010, the Defendant made a false statement to the victim B that “I would have to pay 23% of the investment amount if I have a card tin. I would have to go against the daily revenue of KRW 30-4 million if I would have borrowed KRW 2 million.”

However, there was no intention or ability to engage in credit business even if the victim borrows money from the victim.

The Defendant, as above, by deceiving the victim, received KRW 2 million from the victim on the same day.

2. On November 4, 201 of the same year, the Defendant made a false statement in the D office used by the victim B in Daegu Northern-gu Seoul Northern-gu, stating that “The Defendant borrowed money from the victim in return for full payment of the money with the money borrowed from Jeju-do and the money borrowed from Jeju-do at the last time.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 100,000 from the victim on the same day.

3. On the 14th day of the same month, the Defendant made a false statement to the victim B, stating, “The Defendant may pay the victim B with the money borrowed prior to the payment of the premium and currency in Jeju-do, but the phone is cut due to the failure to pay the mobile phone fee.”

However, the facts did not have the intention or ability to complete the payment even if they borrowed money from the victim.

The Defendant, by deceiving the victim as above, received KRW 45,00 on the same day from the victim, and received KRW 75,000 in total, including KRW 30,000 around the 17th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each protocol of examination of partial police officers against the accused (including B/S statement);

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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