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(영문) 대구지방법원 서부지원 2016.09.23 2016고단1005

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 2014, the Defendant sold the land that he received as a miscarriage to the victim E from the “D cafeteria” located in Daegu-gun, where the Defendant works as an employee, to the victim E (hereinafter “D cafeteria”) without molding until March 28, 2015.

“A false representation was made.”

However, in fact, the Defendant directed the bond company to demand the payment of the amount of KRW 17 million, and even if he borrowed money from the Defendant, he did not have the intent or ability to repay the money, and was unable to sell the land received from the heritage, and there was no need for the Defendant’s children to agree.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) obtained delivery of KRW 20 million as a check on August 28, 2014 from the injured party; and (c) used it as debt repayment and cost of living.

Accordingly, the defendant deceivings the victim, thereby deceiving 20 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that part of the interest is paid, the primary fact, the age, and the amount of fraud, etc.) of the suspended execution;