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(영문) 대전지방법원 2016.01.12 2015고단3940
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 5, 2014, the Defendant against the victim C made a false statement to the victim C that “a person would make a reimbursement within 60 days from the date on which he/she made a false statement to the victim C, and the Defendant made and issued a certificate of borrowing KRW 5 million with respect to the borrowed amount.

However, the defendant did not have any particular property or income and did not attract investments necessary for the manufacture of the drama, and even if he borrowed money from the above victim, he did not have the intent or ability to repay the borrowed money to the victim.

The defendant deceivings the victim as above and received 5 million won in cash from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 25, 2014, the Defendant against the victim F stated that “The Defendant would pay the full amount of the construction cost before the construction is completed” to H, who is an employee of the Victim F, who operates the interior company, at the Defendant’s office located in the Dong-gu Seoul Special Metropolitan City G Building 601, G building in Gyeonggi-gu, Seoul Special Metropolitan City, and at the victim F, who is an employee of the victim F, operating the interior company.

However, the defendant did not have any particular property or income, and did not attract investments necessary for the manufacture of the drama, so even if the injured party implements the interior work, he did not have the intent or ability to pay the construction price to the injured party.

Defendant deceiving the victim as above and had the victim do so from that time to November 1 of the same year, and had the victim continue to perform the test work equivalent to KRW 34,945,00 at the market price in the above Defendant’s office from that time.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each prosecutor with respect to F and H;

1. Application of each police statement protocol to C and H

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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