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(영문) 대구지방법원 김천지원 2016.09.28 2015고단1354
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud at the Seoul Western District Court for ten months, and the judgment became final and conclusive on June 21, 2013.

Criminal facts

On December 17, 2010, the Defendant made a false statement to the effect that “The Defendant would operate a hospital store together with a hospital store” to the victim C at the Dong-dong, Suwon-gu, Suwon-gu, Suwon-si.

However, the defendant did not have a specific plan for the operation of the hospital store at the time, and even if he received money from the injured party as the investment money from the beginning, some of the investment money was not used for the operation of the hospital store and used for the repayment of his personal debt. Even if he used the money as the deposit for the hospital, even if he used it as the deposit for the hospital, he did not have an idea or ability to conduct a business normally even if he borrowed money from the injured party, such as by lending the money as a security of the contract for the operation of the store immediately after the injured party immediately after the death

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim under the name of the victim under the name of his/her own account (D) to the Defendant’s account (E) at around 13 times until June 4, 2011, by deceiving the victim on 13 occasions, and then, by which he/she received a total of KRW 2.5 million from the victim as shown in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Part C of the second examination protocol of the suspect of the police against the defendant;

1. Statement made by the police against C;

1. A complaint;

1. The letter of confirmation of credit (pre-loan) -A, C copy, copy of the F Hospital Store Joint Transfer Certificate, copy of the store and the joint name of the contract for lease and operation of vending machines, copy of the contract for lease and operation of vending machines, C-C-C-OC-A-O, copy of the C-O statement (1). C.

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