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(영문) 대구지방법원 2017.02.10 2015고단1516

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, in collusion with C and D on June 6, 2013, may receive appraisal as KRW 2.6 billion from E and the victim F, in the French coffee shop located in the B and C, Young-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu.

When a bank obtains a loan of KRW 1.7 billion, the amount obtained by deducting the amount from each one shall remain at the level of KRW 600 million, and the remaining expenses shall remain at the level of KRW 400 million.

If an investment of KRW 90 million is made in the first place in the sale contract deposit, appraisal fee, etc., KRW 90 million,00,000,000 is required, the profit will be KRW 20 million.

“A false representation was made.”

However, even if the defendant and C, and D received the above money from the injured party, they did not have the intent or ability to purchase the raw plant G or to return the invested money of the injured party.

In doing so, the Defendant, in collusion with C and D, by deceiving E and the victim as above, received KRW 10 million from the injured party on June 10, 2013, and received KRW 40 million from the foreign exchange bank account (H) in the name of C on June 14, 2013, and obtained KRW 40 million from the same account in the name of C on June 17, 2013 and acquired KRW 90 million in total from the same account in the name of C on June 17, 2013.

Summary of Evidence

1. Each legal statement of witness F and E;

1. Statement F and E in each protocol of examination of the suspect against the defendant A or D by the prosecution;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to a statement of passbook transactions, certified copy of register, confirmation of transfer result, process certificate, each record book, land and building records of a livelihood plant, building records, cash storage, self-check checks, savings deposit transaction records, investigation report (verification of the status of property at the time of occurrence of the other party of the suspect A), investigation report (including statement of distribution of money by the complainant) and investigation report;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

1. Reasons for sentencing of selective sentence of imprisonment [the scope of each recommendation] General Fraud No. 1 (less than KRW 100,00) basic area (six months to one year and six months) [the person subject to special sentencing] [the decision subject to sentencing]] Defendant is harshly 90,000 won due to the false statement that it is impossible to realize the victim.