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(영문) 대구지방법원 2015.06.04 2014고단4108
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Around April 28, 2011, the Defendant stated that “A victim C, who was committed, around April 28, 2011, performed by the victim C in North Korea, would have to move his/her design office to another office” to the victim, “on the basis of lending KRW 10 million to the victim, he/she would have to repay by November 24, 201.”

However, as the defendant did not have certain income at the time and tried to treat his own child by lending money from the victim, there was no intention or ability to pay the money to the victim.

As above, the Defendant, by deceiving the victim as above, was transferred from the victim, to the passbook (Account Number: E) in the name of the Defendant, which is a next copy of the money borrowed from the victim, in the name of the victim.

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

2. On May 24, 2011, around May 24, 2011, the Defendant stated, at the same place as Paragraph 1, “Around May 24, 2011, the Defendant provided that “If the head of the design office office lends the office from the Gu and the Gu, to Daegu, if the head of the office of the design office lends the office of the victim KRW 10,000,000,000,000,000,000,000,0000,000

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

As above, the Defendant, by deceiving the victim, received KRW 1 million in cash from the victim, and transferred KRW 9 million to the said Agricultural Cooperative Account in the name of D.

Accordingly, the defendant was given a total of KRW 10 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement made to D or C;

1. Application of the Acts and subordinate statutes on each loan certificate and passbook copy;

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

1. The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the basic area (6 months to 16 months) of the type of general fraud (the amount less than 100 million won).

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