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(영문) 대구지방법원 2013.08.22 2013고단3266
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 22, 2009, the Defendant made a false statement to the victim D through the mother C, who is the mother of the Defendant, that “The principal will be paid 1.5% interest per month if the Defendant borrowed the operating funds.”

However, the Defendant did not engage in the clothing sale and Internet clothing sale business in Seoul, and even if she borrowed money from the victim, she was thought to use it as casino gambling funds, not as funds for the clothing sale business, and she did not have any property or income, so there was no intention or ability to repay the borrowed money.

As above, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim via the above No.C’s account (Account Number E) at the time of borrowing, and acquired the money by deceiving the victim more than 32 times from that City to February 29, 2012, including the amount of KRW 294,70,000 from that City to February 29, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Evidential materials, etc. and details of account transactions;

1. Application of Acts and subordinate statutes to each investigation report (to submit a copy of the statement of transaction of passbook to the victim, to submit a statement of transaction of passbook to the victim, and to attach a document of passbook

1. There are circumstances unfavorable to the defendant, such as the pertinent legal provisions on criminal facts and Article 347(1) of the Criminal Act of the choice of criminal punishment (a comprehensive determination of imprisonment), the reason for sentencing of the defendant, the fact that the defendant's crime of this case is equivalent to KRW 290 million,000,000 due to the defendant's crime of this case, the damage has not been recovered, and the defendant seems to have not made any particular effort to recover damage, and there is no record of criminal punishment exceeding the fine, etc., in favor of the defendant.

In all the above circumstances, the motive and motive of the instant crime.

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