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(영문) 대구지방법원 서부지원 2016.01.14 2015고단1883
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 23, 2011, the Defendant was sentenced to three years of imprisonment for fraud in the Jung-gu District Court Goyang Branch, and completed the execution of the sentence in the Gwangju Prison on June 20, 2014.

【Criminal facts constituting a crime】 The Defendant left 10 times from July 23, 2014 to October 28, 2014, and returned home on October 31, 2014, and continued to stay in Makao by November 15, 2015.

On August 8, 2014, the Defendant: (a) at a casino in Makao, the Defendant got off the fee by changing the chips to customers; (b) went off to gambling around that time; (c) on September 2014, 2014, the Defendant called “a casino customer C, who was known to him before the first police officer, was allowed to borrow money from casino customers and receive fees or participate in the casino company’s share; (d) he could make a lot of profits from lending money; and (e) continuously, the Defendant continued to charge the victim with money, including money received from the party, as a casino deposit, to the casino company.”

If only one money is lent, the profit and the principal may be repaid.

“The phrase “ was false.”

However, in fact, the Defendant did not invest in the casino business but was absent from gambling, so even if he borrowed money from the damaged person from the beginning, he did not have the intention or ability to pay the principal and the profits to the injured person.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received money from the victim to the Defendant’s name on September 8, 2014 from the victim; and (c) received money from the victim to the end of December 2014, 82 million won in total from the victim to the Defendant or the name of the borrower; and (d) acquired money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement C in the suspect interrogation protocol against the defendant 1.

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