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(영문) 대전지방법원 2014.02.13 2013고단4210

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On January 1, 2008, the Defendant made a false statement to the effect that “E” office of the victim D’s “E” located in Daejeon Jung-gu, Daejeon, the Defendant would have concluded a contract with a large retailer, with the victim, to pay the victim money to the Plaintiff within two months of financing the money to the Plaintiff for the fixed land development of the large retailer located in Macheon-gu, and to purchase more livestock products in the future.”

However, the Defendant did not have entered into a contract with a large retailer, and the Defendant did not have any intent or ability to pay money within two months, even if he/she borrowed money as gambling funds instead of making an investment in the fixed landing point.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim as the borrowed money around January 10, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of trade-related Acts and subordinate statutes;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Social service order: Consideration of the reason by fraud of sentencing under Article 62-2 of the Criminal Act, the means of deception, the damage is not recovered, the detention of the accused seems to entail excessive difficulty to the dependent, and the accused has no criminal records of the same kind or suspension of execution or more;