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(영문) 대구지방법원 의성지원 2018.10.18 2018고단76
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant used the provisional name of “E” in the D D D D in Gyeongbuk-gun, the Defendant was an employee of the main branch as his employee. On October 2016, when the Defendant developed the Victim F (74 years) that was found to be a customer to the said D D in the same line, the Defendant was able to use it as gambling funds, etc. by lending money to the victim.

On March 7, 2017, the Defendant told the Defendant to use money received from the actual victim as gambling funds, and did not intend or have the ability to repay money from the victim because there was no particular property or income. However, the Defendant made a false statement to the Defendant that the Defendant “I will pay money after one month if I will lend money to the Defendant, because there was a lot of money entering a house, such as time deposits and installment savings, and one million won.”

The Defendant, from September 21, 2017 to September 21, 2017, received transfer of KRW 1 million from the injured party to the post office account under the name of H, his/her father, from the time when he/she received transfer of KRW 35 million to the post office account under the name of the Defendant, his/her father, his/her father, and acquired financial profits equivalent to the same amount by receiving transfer of KRW 3

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by the prosecution and the police concerning F;

1. Statement made to I by the police;

1. A statement, a certificate of confirmation of transaction details, a recording book, or a statement of account transactions with a suspect's ancillary bank;

1. Investigation report (report on the analysis of the details of transactions in this case), the details of inquiries about financial company code, and circumstances supporting the act of deception of the accused of two copies of the NAV printed outs, respectively;

1. As to the victim’s investigative agency and legal statement, it is consistent with the victim’s statement that “a person lends money to the victim” and at least, the part on the circumstances in which the remittance was made, such as the list of crimes, is relatively specific and consistent.

2. On the other hand, the Defendant’s statement is KRW 35 million as decided by the injured party.

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