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(영문) 전주지방법원 군산지원 2018.06.08 2017고단904

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 2014, the Defendant produced food and drinks to the victim at the victim D's house located in Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si of Si.

A false statement was made.

However, in fact, G, the Defendant’s position as the manager of the business of F of the above food mination machine “E”, was already withdrawn from the company on May 2014, 2014. The Defendant had no contractual relationship with the above company, and the Defendant was unable to conclude the contract with the above company. The Defendant’s personal debt was at least KRW 100 million, and there was no intention or ability to allow the victim to operate the food mination machine agent even if he received money from the damaged party, on the ground that there was no idea that the Defendant’s personal debt would have been used as a debt repayment or living expenses.

The defendant deceivings the victim as above and thereby his deceivings the victim to do so, the amount of KRW 5 million on May 15, 2014, and the same year.

5. 30.20 million won, and the same year.

6. 9.5 million won, and the same year.

8. June 5, 200,000 won was transferred to each other. On August 2014, 201, the victim was deceiving the victim to the same effect in the restaurant near the Geumsan city in Kim Jong-si and received two copies of the check amounting to KRW 10 million at face value from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D's statement among the protocol of interrogation of the suspect against the defendant by the prosecution

1. Application of the Act and subordinate statutes of investigation report (to hear statements from a witness G), investigation report (to hear statements from a representative director FE), and investigation report (to hear statements from H)

1. The relevant legal provision regarding criminal facts and Article 347(1) of the Criminal Act that recognizes all of the criminal facts in the process of public trial, the fact that the defendant repaid the victim a deposit of KRW 20 million, and the defendant was punished heavier than a fine.