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(영문) 대구지방법원 서부지원 2016.06.24 2016고단686
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 4, 2009, the Defendant is proceeding with the victim B at the Defendant’s branch office located in the Namcheon-gu, Daegu-gu, Seoul-gu, where “All procedures currently have been in the state of the end in the implementation of the new complex construction of an apartment complex in the middle-gu, Daegu-gu, Seoul-gu, and where the Japanese UN funds enter immediately.

From October 2009, it is possible to perform legal affairs, such as registration, at the time of lending expenses.

“False speech was made to the effect that it was “.”

However, the defendant did not have a fund to implement the new apartment construction project, and even if he borrowed money from the injured party due to uncertain circumstances in which he can receive the UNFF funds in Japan, he did not have an intention or ability to entrust the legal affairs such as registration or to repay the money to the injured party.

The Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative account in the name of No. D on the same day, from that time until December 30, 2010, a total of KRW 95.8 million was delivered from that time to December 30, 2010.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 62 (1));

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