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(영문) 대구지방법원 2013.09.26 2012고단6264
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 3, 2009, the Defendant stated that “The building and site of the H-owned factory located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Seoul, would be put up for auction at the F office of the victim E-owned corporation located in 601 in Yeongdeungpo-gu, Seoul, Cheongju District Court.” However, if there is no bid deposit, the Defendant would be paid the lease deposit amount of KRW 164,00,000 and repaid it.”

However, since the lease contract for the above factory was made falsely, the defendant did not have any intention or ability to receive dividends from the victim to repay the money.

As above, the Defendant, by deceiving the victim as above, transferred KRW 4,50,000 on March 10, 2009 to the Agricultural Cooperative Account (J) in the name of the victim, and received KRW 137,20,000 on March 10, 2009, KRW 5,000,000 on March 26, 200, KRW 27.5,000 on April 30, 200, KRW 5,000 on April 30, 200, KRW 2,700,000 on April 200, and KRW 14,473,10 on April 27, 200, and received KRW 137,200,00 on cashier’s checks from KRW 10,526,90 on March 10, 207.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol of the accused;

1. The police statement of E and K;

1. A complaint, a copy of a certificate of transfer or takeover of each claim, a copy of the agreement, a copy of delegation, a copy of a passbook, a remittance statement to A, and a copy of each lease contract on real estate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime is that the defendant was punished for a suspension of execution twice for the same criminal record.

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