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(영문) 대전지방법원 2021.02.09 2020고단4638
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant, on September 2017, in a car page where it is impossible to know the trade name in Seo-gu, Seo-gu, Daejeon, Daejeon, the defendant tried to construct multiple complex facilities in Cheongju Co., Ltd., and C Co., Ltd., to build multiple complex facilities in Cheongju.

As a result, a soup and soup-tory-tory-to-land fry-to-land fry-to-land fry-to-land fry-to-land 20 million won.”

However, there was no substantial progress in the construction of the above multiple complex facilities, and the defendant did not have any funds to perform the above construction, and it is not clear whether the PF loans are possible. Therefore, even if the victim received money from the victim, the victim did not have the intent or ability to allow the victim to complete the construction of the above multiple complex facilities.

Around September 15, 2017, the Defendant deceivings the victim as above and was transferred KRW 20 million to the national bank account E in the name of C Co., Ltd. from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (verification of details of transactions in the name of a suspect A operation C, telephone conversations with a witness F, identification of a suspect, hearing of statements by an complainant);

1. A reply to a request for financial transaction information, a credit information reply letter, and a reply to a request for cooperation in investigation;

1. Application of Acts and subordinate statutes on a complaint, details of transfer of damaged amount, loan certificate, and deposit certificate;

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

1. Article 62 (1) of the Criminal Act on the suspended execution (a normal condition considered favorable to the defendant, such as the circumstance in which the defendant was able to repent his mistake in depth and agreed smoothly with the victim, even though it is recognized that the circumstance and method of the crime in this case are bad, the amount of fraud is high, the responsibility for such crime is heavy, and the records of punishment for the same kind of crime are highly likely to be subject to criticism;

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

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