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(영문) 대구지방법원 서부지원 2012.11.01 2012고단1040
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On March 3, 2010, the Defendant made a false statement to the victim’s office located in the Daegu Suwon-gu Suwon-gu B stating that “I want to make an investment in the business, but I need to organize the drinking house currently operated in order to raise an investment fund. I will prepare a loan of KRW 30 million necessary for the settlement of accounts and make an investment.”

However, in fact, the Defendant did not have the position to dispose of the foregoing amount because it is merely the president of the drinking house business, and even if he borrowed money from the victim, he was planned to use it as an individual repayment, and thus did not have the intent or ability to repay the borrowed amount to the victim.

On March 19, 2010, the Defendant, by deceiving the victim as above, received 30 million won from the victim to the post office account under the name of the Defendant and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. It is so decided as per Disposition on the grounds of an alternative imprisonment or heavier punishment;

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