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(영문) 대구지방법원 서부지원 2020.05.08 2018고단3034

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant was a person who was personally engaged in artificial fishery without trade name, and the victim B and the victim C were prepared to operate the two production experience center in the trade name of "E" by constructing a new building in Jeju City D.

1. On February 28, 2017, the Defendant would provide the victim B with a 10.8 million won “E” in the main place of receipt, the main place of receipt, and the book-keeping at around February 28, 2017.

“The purpose of “ was to make a false statement.”

However, the Defendant did not have any special property or revenue at the time, and there was a shortage of funds in personal life, and it had already been investigated as a matter of money acquired by 17.6 million won as the price for a household, and was sent to the prosecution by means of criminal investigation. It was thought that the Defendant did not use the money received from the victim for the production or purchase of a household and paid the existing debt or used for the cost of living. As such, even if the Defendant received the money for the establishment of a household from the victim, he did not have the intent or ability to establish a household at the time.

Nevertheless, the defendant deceivings the victim and is under his control the same year from the victim.

2.27.30,000 won as contract deposit, and for the same year.

2.28.28.7 million won, as part payments, for the same year;

3. 10,000 won under the pretext of some balance on or around 10.0 million won, and the same year.

3.15. Minority: 2.1 million won as additional expenses, and the same year.

3. Around 29.2, a total of KRW 10,80,000,000 was remitted to the Agricultural Cooperative Account under the name of the Defendant and acquired through fraud.

2. Around March 16, 2017, the Defendant would give the victim C an opportunity to set up a KRW 9.68 million by producing a main face-to-face receipt book and a main household at the predetermined operating area of the said “E”.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have any special property or income at the time, and there is a lack of funds when he personally runs artificial fishery business without trade name.