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(영문) 대구지방법원 서부지원 2013.12.13 2013고정1142

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 25, 2012, the fraud Defendant made a false statement to the victim’s textile storage room in Daegu-gu, Seo-gu, that “If the victim purchased originals from Ansan, and sold them to D E, he/she would pay the purchase cost of the originals within one week if he/she lent KRW 4.5 million to D Company E.”

However, in fact, the Defendant, without particular property or revenue, bears the obligation equivalent to KRW 30 million, so even if he/she borrowed money from the victim, there was no intent or ability to repay the money. Rather, the Defendant used the money with the money borrowed from the victim as living expenses, etc., or purchased the money and sold it, and there was no intention or ability to pay the money to the victim as agreed by the victim.

The Defendant, after deceiving the victim as such, received a total of KRW 12,910,000 from the above date and time to April 18, 2013 as indicated in the list of crimes in the attached Table, as well as a receipt of KRW 4,50,000 from the victim.

As such, the Defendant was granted property by deceiving the victim C.

2. On April 8, 2013, the Defendant brought 120 gress of KRW 120,00,000 at the victim F store in Daegu Seo-gu, Daegu-gu, to arbitrarily bring about 120 gress of KRW 120,00 in the market value of the victim F.

Accordingly, the defendant stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347(1) of the Criminal Act and Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and Article 347(1) of the Criminal Act; Selection of fines;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act;