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(영문) 대구지방법원 2015.01.30 2014고단2801
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 12, 2007, the Defendant, “E” in the Daegu-si Northern District B, the Defendant operated the “Crain”, “E” in the “E” restaurant located in the Northern-gu, Daegu-gu, Daegu-si, Seoul-si, issued a false statement to the victim F, “Crain the operation of the Crain by expanding the Crain shop, doing the site, and Rers shall be in charge of accounting affairs at a store, and if he invests KRW 10 million of the cost of expansion, KRW 30% of the profit, and KRW 20 million of the Arain deposit, KRW 100,000 won or more per month, may be punished,” and around June 12, 2007, the Defendant paid the victim the payment to the 3600,000,000,000 won of the cost of the Crain Housing separately by having the floor price, floor construction work, and the cost of the 306,000,00.

However, even if the defendant received money from the victim because of a large amount of debt at the time, he did not have the intent or ability to pay the profit to the victim or pay the money to the victim.

Nevertheless, on June 12, 2007, the Defendant deceivings the victim and caused the victim to settle KRW 3,060,000 by credit card.

In addition, the Defendant acquired 3,010,000 won in total on seven occasions from June 12, 2007 to June 29, 2007, such as the list of crimes in the attached list.

Summary of Evidence

1. A protocol concerning the examination of suspect by some police officers against the accused (including the F substitute part);

1. Statement made by the prosecution with respect to F;

1. Statement of the police statement concerning F;

1. Each statement of G and H;

1. Application of Acts and subordinate statutes to file a complaint, a partnership agreement, a contract on transactions in passbooks, a real estate lease agreement, each investigation report, a written opinion, an investigation report, a details of account transactions, an investigation report, a report on the amount of money received, an investigation report (investigation into an amount of money received), and a report on criminal investigation (Listening to the

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.

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