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(영문) 대구지방법원 서부지원 2014.11.21 2014고단125

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 26, 2010, the Defendant made a false statement to the effect that the Defendant would deliver scrap metal equivalent to KRW 100 million of the sum total of KRW 35,814,305,00,000, to the victim F in the (EE Office) office located in Daegu-gu, Daegu-gu, to the National Bank account (G) bank account (E).

However, in fact, when the Defendant refused the Defendant’s request for the reduction of the unit price of scrap metal from H, the Defendant could not receive the delivery of scrap metal from the said H, and even if the Defendant received the outstanding amount from the Defendant’s customer, it was thought that it would be used for the payment of other obligations. Therefore, there was no intention or ability to deliver the money normally to the victim.

The Defendant received 70 million won from the victim to the above national bank account.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. Application of the Acts and subordinate statutes to the complaint;

1. The reasons for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime committed by the defendant are again committed the crime of this case during the period of suspension of execution for the same kind of crime, the amount of fraud is 70 million won, and the amount of fraud is not paid at all until a considerable period has passed since the time of the case, and there is no agreement with the victim, etc., the sentence shall be sentenced; however, the confessions and reflects the fact that there is no record of punishment; the fact that there is no record of punishment;