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(영문) 대구지방법원 서부지원 2015.08.21 2014고단1934
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 8, 2012, the Defendant issued a false statement to the victim D, operated by the victim D in Seo-gu, Daegu-gu, stating that “F Government made it possible to use the policy funds of one billion won as a measure to revitalize small and medium enterprises by means of documents by making it possible to use them as a fake without interest. 100 square meters each ordinary 4 million won to establish a chroud factory. The Defendant entered into a contract with the victim at KRW 4 million in order to set up a chroud factory. The Defendant is under construction of the foundation of the factory and is in the process of setting up the columns.”

However, at the time, the defendant had no intention or ability to repay the debt, even though he borrowed money from the victim because there was no particular income or property.

Nevertheless, as such, the Defendant was issued a total of 2,1850,000 won over 14 times, as shown in the annexed Table of Crimes, by deceiving the victim as such and receiving 50,000 won in cash from the victim, namely, from the victim’s seat, from that time to August 6, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to certificates of details of deposit transactions (D or Daegu Bank);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (i.e., confessions, the fact that partial damage has been discharged, the fact that there is no same power except once the same kind of fine, and the

1. Social service order under Article 62-2 of the Criminal Act;

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