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(영문) 대구지방법원 2014.02.14 2013고정2935
사기
Text

Defendant shall be punished by a fine of 3.5 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 October 20, 2011, the Defendant made a false statement to the effect that, in contact with the victim B on October 20, 2011, the Defendant would make payment within one week if he/she lends money to the victim B to use as compensation for embezzlement of the company’s goods.

However, in fact, the defendant did not have any special property at the time, and there was no intention or ability to repay the money even if he borrowed the money from the victim.

The Defendant received 2.5 million won from the victim on the same day.

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

2. On November 9, 2011, the Defendant, at a place where it is difficult to identify the place around 13:00 on November 9, 201, by deceiving the victim B by the said method, and was remitted from the victim nine million won on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning details of deposits transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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