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(영문) 창원지방법원 2015.08.19 2014고단3214

사기등

Text

A person shall be punished by imprisonment with prison labor for not less than four months for a crime of No. 1 in the judgment of the defendant, and imprisonment with prison labor for not more than four months.

Reasons

Punishment of the crime

On December 16, 2011, the Defendant was sentenced to one year of imprisonment for fraud at the Changwon District Court, and the judgment became final and conclusive on April 27, 2012, and completed the execution of the sentence in the Changwon Prison on December 14, 2012.

1. On July 22, 2010, the Defendant stated that “If he/she has invested 40 million won as an auction deposit, he/she shall be sold at an auction, and 100 million won, and if he/she fails to obtain a bid, he/she shall immediately return money,” the Defendant shall receive money from the victim on July 22, 2010 from the E-real estate office on the following grounds: “The auction deposit will be repaid as KRW 40 million if he/she has lent 10 million to her mother-do G and 3 lots factories, etc., which were operated within one year, and he/she shall be repaid as KRW 40 million to her own account” from the victim on the phone of the victim for two hours after receiving money from the victim.

However, at the time of fact, the defendant did not have any special property, and there was no intention or ability to be awarded a successful bid for the above factory in the status of 1.4 billion won.

As such, the Defendant deceptioned the victim and acquired the sum of KRW 50 million from the victim.

2. “Around July 2013, the Defendant: (a) taken over the 2015 Highest 1138 of 2013; (b) prior to taking over the machinery leased from the Victim’s (P) Trisung Card; and (c) paid a monthly rent.

Around July 2013, the Defendant, at the J plant located in Haan-gun, Haak-gun, Haak-gun, provided loans from the victim's ledis and saw machines on or around September 2013, and embezzled the above machinery equivalent to KRW 15 million at the market price by providing them as security, while keeping the victim's ledis and saw machines.

Summary of Evidence

"2014 Highest 3214"

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The defendant;