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(영문) 대구지방법원 2017.05.24 2017고정729

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 February 20, 2014, the Defendant may purchase the land 1,000 square meters in the middle-gu, Daegu-gu, Daegu-gu, and then sell the land in installments to the victim C at a restaurant where it is impossible to trade name underground in the middle-gu, Daegu-gu, Daegu-gu.

"At present, the owner of the land is well aware of the U.S. nationality," and will enter into a contract with the Republic of Korea.

"I would like to purchase the land on which I would lend three million won to B, and then return all the principal by the end of May 2014 and pay the proceeds of KRW 300,000 won per month.

‘False speech' was made.

However, the fact, however, did not have the intention or ability to pay for the lending of money from the damaged party.

As such, the Defendant, by deceiving the victim, received KRW 2 million from the victim, via the Defendant’s agricultural bank account (D) on February 27, 2014; KRW 1 million on March 31, 2014; and KRW 3 million on two occasions, in total, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the details of financial transactions and the certificate of deposit without passbook;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;