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(영문) 대전지방법원 천안지원 2013.07.25 2013고단6
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In fact, the Defendant had already been sentenced to the suspension of execution due to the Defendant’s conviction against another person in connection with the exchange of old rights money, and was in fact under the suspension of execution due to the lack of the date of the perusal of old rights money or the exchange of old rights money. At the time, the cash of old rights is unclear. Even if the Defendant was registered as a person of bad credit standing who bears the obligation of KRW 800 million at a financial institution, etc. without any property or revenue, and received money from the victims, the Defendant did not have any intent or ability to distribute profits to the victims by exchanging the money with old rights money. On December 17, 2008, when the trade name in Seocho-gu Seoul Metropolitan Government is unknown, the victim C, the victim D, and the victim E can be seen as having a lot of profits from the exchange of KRW 3 billion money of KRW 900 billion at the victim’s KRW 200,000,0000,000,000 for the victim’s KRW 280,000.0.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. Cash custody certificates, cashier's checks, details of passbook transactions, investigation reports (D) and the application of Acts and subordinate statutes to the Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (including each fraud at the time of sale) regarding criminal facts, and the defendant for the reason of sentencing choice of imprisonment with prison labor, commits the instant crime.

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