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(영문) 대구지방법원 포항지원 2013.11.20 2012고단1360
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 28, 2006, the Defendant stated that “The Defendant would immediately start the construction work, and the construction work will be subcontracted to the victim B at a coffee shop where the trade name on the second floor of the dong-gu Daegu High-speed Bus Terminal, Daegu-gu, Daegu-gu, 4, 2006 is unknown.”

However, the defendant did not receive a contract in relation to the above golf course construction, and there was no specific plan for the development of the above golf course, and there was no certain profit or property, so even if he received money from the victim, he did not have the intention or ability to subcontract the construction to the victim.

The Defendant received KRW 2 million from the victim to the Daegu Bank account in the name of the Defendant’s name as designated by the Defendant on the same day, including the remittance of KRW 2 million from the victim from June 28, 2006 to May 2008, and had the victim pay the total amount of KRW 15.9 million.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Application of the Act on the Statement of Evidence to Prosecution B

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

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