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(영문) 대구지방법원 서부지원 2015.09.04 2015고정648
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The victim B and the victim C invested the business fund in the commercial building No. 401, 127, 401, 127, located in Daegu-gu, Daegu-gu, and made a manology work, and the victim B and the victim C were to operate the coffee specialty, and the mobile phone store, respectively, and delegated the progress of the manology work to the defendant and E.

On March 2014, the Defendant conspiredd with E, and made a false statement that “G” in 1222 Dong 110, located in Daegu-gu, Daegu-gu, 2014, would pay the victims KRW 40 million with the interior interior interior interior interior interior interior interior interior interior interior interior construction cost.”

However, the defendant and E claimed the construction cost in return for a large amount of money from the victims who had been in the same business relationship even though the construction cost is not more than KRW 21 million.

The Defendant and E conspiredd as above, by deceiving the victims, and deceiving them from the victims for the consideration of the construction cost. On April 5, 2014, the Defendant acquired KRW 10 million in the deposit account in the name of H, and KRW 40 million in total, including KRW 30 million in the deposit account in the name of E, from April 1, 2014 to April 25, 2014, and acquired KRW 19 million in the difference between the actual construction cost and KRW 21 million.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements in the suspect examination protocol of the accused and E by the prosecution;

1. Three-time suspect interrogation protocol of E (including B statements);

1. Each police statement made to B and H;

1. A detailed statement of construction expenses, each content certification, and

1. Certification of a copy of a bankbook and the details of deposit transactions;

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

1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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