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(영문) 대구지방법원 2015.10.14 2015고정1657

사기

Text

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

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

Reasons

Punishment of the crime

On November 7, 2014, the Defendant made a telephone call to the victim B, stating that “When the Defendant lends a golf coophone at a price below the market price, he/she would purchase the coophone at a price of 2,160,000 won, and would sell 9 KRW 480,000,000,000,000,000,000 in total, from March 2015.”

However, at the time of fact, it was difficult for the Defendant to sell the golf coophone because of the low demand for the golf coophone, and the Defendant was aware of such circumstances, so there was no intent or ability to sell the golf coophone at a low price and sell it. The above KRW 2.160,00 won was thought to be used for the Defendant’s operating expenses, and thus there was no intention or ability to repay the obligation.

The Defendant, by deceiving the victim as such, received KRW 2,160,00 from the victim to the Daegu Bank Account under the same day as the loan money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Report on investigation (whether or not a suspect is suspected);

1. Details of account transactions;

1. Application of text messages sent by a suspect to Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) 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;