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(영문) 대전지방법원 2013.11.04 2013고단1865

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operated the E (State) located in Chungcheongnam-gun, Chungcheongnam-gun (State) (F on April 26, 2012).

Around 14:00 on March 23, 2010, the Defendant told the victim G to the effect that “When construction costs are being incurred in the construction of a new factory in order to relocate the automobile maintenance factory to H in Chungcheongnam-gun, Chungcheongnam-do, and if construction costs are paid first as deposit money, the Defendant would have to be supplied parts of the automobile and modern automobile only in ( state) I operated by the victim in the future, and will have the right to lease on a deposit basis for KRW 30 million established within two months after the completion of the factory.”

However, even if the defendant received KRW 30 million from the victim, he did not have the intent or ability to receive the parts of the vehicle only in the state I.

The facts charged are as follows: “However, even if the Defendant received KRW 30 million from the victim, the Defendant did not have the intent or ability to obtain the parts of the automobile from the victim, or to establish the right of lease on a deposit basis equivalent to KRW 30 million for the victim.” However, as examined below, it is difficult to deem that the Defendant did not have the intent or ability to establish the right of lease on a deposit basis equivalent to KRW 30 million for the victim. It is difficult to deem that the Defendant did not have the intent or ability to establish the right of lease on a deposit basis with the victim to the extent recognized as identical to the facts charged, so long as it is deemed that there is no concern that the Defendant might actually

Nevertheless, on March 23, 2010, the Defendant received 22 million won from the victim as the deposit money under the name of the Defendant’s J on March 23, 2010, from the victim, and acquired 30 million won in total by transfer from the same account on the 30th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The protocol concerning the interrogation of the accused by the prosecution;