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(영문) 대구지방법원 2014.01.17 2013고단6362

사기

Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

On September 30, 2010, the Defendant stated that “The Defendant would sell to B any 121 curios, such as gold club and Ri Ri, etc., from the Defendant’s house located in Daegu-gu, Daegu-gu, that “B would necessarily sell to B a maximum of KRW 100 million from the end of December 2010 to a maximum of KRW 2 billion from the maximum of KRW 12 billion.”

However, in fact, only 1-2 curios were sold up to the time, and as such, there was no experience in selling and selling many curios, and even if 121 curios were delivered from the victim, there was no intention or ability to sell them within the said period.

As such, the Defendant, by deceiving the victim as such, received 121 curios worth KRW 100 million at the market price as shown in the attached crime list from the victim in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (includingC statements);

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes on the identification card holding concurrent office and the identification card, each certificate of identification, and list of items; and

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Articles 32(1)1 and 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of the Application for Compensation Order (the application for Compensation Order was received after the closing of argument) that no recovery of damage has been made until the expiration of a considerable period, even though the considerable period of time was serious to the extent of damage caused by sentencing. In light of the fact that the Defendant alleged that he requested “E” as the introducing agent of the instant curios, even if he requested the disposition of the instant curios, the Defendant’s sentence on

However, the punishment as ordered shall be determined in consideration of all the circumstances that are conditions for sentencing, such as the fact that the accused is divided into a mistake, the elderly, the character and conduct of the accused, the environment and the circumstances after the crime.