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(영문) 대구지방법원 김천지원 2018.07.17 2018고정133

사기

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] On August 13, 2009, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Daegu District Court, and the above judgment became final and conclusive on August 19, 2009.

[2] On January 31, 2008, the Defendant would pay 50% of the profits that the Defendant gains from D and F when investing the money to the Defendant’s age club operating expenses in the D office located in the Gu-U.S.A. Si around 16:00.

‘Falsely speaking, '2,00,000 won per Cop, 50,000 won per Cop shall be sold in lots.

“A false representation was made.”

However, in fact, the defendant thought that he would use the money received from the injured party for his personal debt repayment, etc., and therefore, he did not have the intent or ability to use the money invested by the injured party as the nart club operating expenses or to sell the nart clubp

Nevertheless, the defendant deceivings the victim as above, and he obtained the delivery of KRW 21 million from the victim on February 1, 2008 and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to G;

1. Each police statement made to E, H and I;

1. A copy of a cash loan certificate (20 million won), a copy of the share joint contract, a copy of the share purchase contract, a copy of the share purchase contract, a copy of each letter, an investment and a partnership contract, and a copy of the passbook;

1. Previous convictions: Inquiry of case summary information and application of the text of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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