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(영문) 대구지방법원 2016.12.16 2016고단2569
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Around March 2011, the Defendant made a false statement to the victim C, stating that “The Defendant would be able to purchase a walking stale and operate a wale, by purchasing wale and stale stale stale 20 million won if the Defendant would be able to operate wale stale stale hale hale hale hale hale hale hale.”

However, in fact, the defendant received KRW 20 million from the victim and thought that he will use it for living expenses and personal business expenses, but did not have the intent or ability to purchase the hobs and machinery or to operate the hobs and machinery.

On April 11, 201, the Defendant, by deceiving the victim as above, obtained 20 million won from the victim to the corporate bank account in the name of the Defendant.

Summary of Evidence

1. C’s legal statement;

1. Statement C in the suspect examination protocol of the accused by the prosecution;

1. Statement by the prosecution against C;

1. The defendant and the defense counsel stated that the defendant purchased a dubal self system and prepared a sales store, but the victim did not properly perform his/her duty to take over the machinery, etc.

However, the defendant purchased 20 million won in 20 million won from the victim.

The defendant does not submit any data to support that he/she has provided a store available for business operation.

On the other hand, according to evidence, the defendant's name, stating the victim as "AD University's Liber major guide professor", was committed as if he was a regular professor, and the principal's place of business was viewed as a permanent store in a lot, and the principal's place of business can be established at any time in a lot in each region, while showing a lot list, and the principal's place of business in each region can be established at any time.

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