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(영문) 대구지방법원 서부지원 2015.10.30 2015고단695
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On March 2009, the Defendant made a false statement to the victim S that “I would immediately pay the price to the victim S if I would deliver the furniture at the scene of the Daegu-gun T apartment remodeling site.”

However, even if the defendant is supplied with a household from the victim, he did not have the intention or ability to pay the price.

The Defendant, by deceiving the victim, was supplied with clothes equivalent to 5,280,000 won by the victim around that time, and acquired the households by fraud.

2. The Defendant, at the end of June 2009, falsely stated that “The Defendant is performing a stable construction work in Young-si U.S., but there is insufficient personnel expenses and material expenses. If the Defendant borrowed money, he would receive the construction payment from the owner of the building immediately.”

However, the Defendant did not have any intent or ability to repay the borrowed money to the victim even if he did not have any specific property, as well as the obligation to pay labor cost, etc. at the time, even if he did not reach ten million won.

On July 25, 2009, the Defendant, by deceiving the victim as such, received KRW 500,00 from the victim’s wife V account from the victim, from that time, and acquired a total of KRW 7,30,000 from the victim on 11 occasions during the period of September 2009, such as the list of crimes in the annexed list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of S;

1. The household delivery contract;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

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