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(영문) 대전지방법원 논산지원 2020.01.14 2019고단469
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On October 26, 2016, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a crime of attempted special robbery in the Daejeon District Court Seosan Branch, and the judgment became final and conclusive on November 3, 2016.

【Criminal Facts】

The defendant was aware of the victim B through the introduction of the Gu around 2011.

Around November 2015, the Defendant concluded that “Around 2015, the Defendant would receive retirement pay from the Defendant, because his father is a road work employee, and his father is urgently required to perform a hospital work. If only KRW 15 million is leased, the Defendant would receive retirement pay from the Defendant.”

However, the Defendant did not have to perform an operation at the time, and the amount of the above retirement pay is only five million won, and it was insufficient to appropriate it for the repayment of the above loan. It was thought that the Defendant was able to use the loan from a large number of loan companies, such as “F” and “G”, and the Defendant did not pay the credit card use payment, and thus, he did not have any intent or ability to pay the money to the victim after having repaid the money to the victim, even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim, received cash of KRW 15 million from the victim at the end of November 2015, and received KRW 36 million in total from the victim four times from that time to that of January 2, 2016, as shown in the list of crimes in the attached Table, as stated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Investigation report (to listen to B telephone statements, the complainant No. 2019-type 2682);

1. Suspect credit information;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (verification of suspect criminal records), judgment, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Criminal facts;

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