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(영문) 대구지방법원 2016.05.20 2016고정211
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On May 8, 2015, the Defendant was working in the French or does not exceed Daegu on or around May 8, 2015, the personal debt amounting to KRW 500 million.

B The main point is transferred to C, which is a creditor, and even if the victim D, who is a alcoholic beverage supplier, was supplied with alcoholic beverages, there is no intention or ability to pay the price, but the above main point manager E would like to be supplied with alcoholic beverages by telephone.

At first, in trading with F in Gyeongnam-do, it was too far far from being supplied as soon as possible, and thus, the victim made a false statement to the victim that "I will pay the price of alcoholic beverages to be supplied." The victim made the victim's false statement to "I will meet the above main shop's price," which caused the victim to deliver alcoholic beverages worth KRW 2,586,00 in total at the market price of the two weeks, including the box 1 in the year 17.

Accordingly, the defendant had a third party receive property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A copy of alcoholic beverage sales contract or business registration certificate;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by reference E phone);

1. Relevant Article 347 (2) and (1) of the Criminal Act concerning the facts constituting a crime and Articles 347 (2) and (1) of the Criminal Act concerning the selection 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;

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