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(영문) 대구지방법원 김천지원 2015.08.26 2015고단130
사기
Text

A defendant shall be punished by imprisonment for 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

On March 12, 2014, the Defendant was sentenced to a suspended sentence of four months of imprisonment for fraud in the Daegu District Court Kimcheon Branch on March 12, 2014, and the said judgment became final and conclusive on March 20, 2014.

Around January 2013, the Defendant made a false statement to the effect that “The Defendant may, if he/she invests in money to carry on the betting business at home and in order to pay for shares” to the victim B in front of the Gu-U.S. P. P. P., Si-S. P., Si-S., the Defendant would pay for the same year from the victim

3. Around 24.20,000 won was remitted to the Agricultural Cooperative Account in C’s name designated by the Defendant.

However, there is no fact that the defendant has been running a M&D business and a motor vehicle parts investment business, and even if he has received an investment or loan from the victim B, he did not have the intent or ability to pay the profits.

From that time to October 20 of the same year, the Defendant, from that time, made a false statement to the effect that “I will make an investment in the motor vehicle parts investment business conducted within the Republic of Korea. I will make an investment. I will make an investment in the motor vehicle parts investment business conducted within the Republic of Korea. I will lend money. I will make an investment. I will make an investment. I will make a repayment. I will pay money. I will receive a total of KRW 2,4455,00 from

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. The prosecutor's statement concerning B;

1. Each police statement concerning B and C;

1. Investigation report (for doping with the contents of telephone recording conversations);

1. Each statement of trading (from 10 to 25 pages of investigation records);

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (fact-finding reports during the period of suspension of the execution of a suspect), statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under the Criminal Act;

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