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(영문) 대전지방법원 2015.01.14 2013고단4717
사기
Text

A defendant shall be punished by imprisonment for four months.

except that 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

The Defendant became aware of the Victim K engaging in the business of selling landscape trees, etc. on the commission of Cheongyang-gun's forest trees located in Cheongyang-gun.

Around May 201, the Defendant stated that “R Real Estate” located in Q Q in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, would be able to purchase trees by entering into a contract with the owner of the relevant forest and land with the knowledge of the forest and land as well as the forest and land that is possible to purchase trees if the Defendant sent the expenses for payment of the party and the down payment, etc. to the victim.”

However, even if the Defendant received money from the victim, it was thought that most of the Defendant would consume the money for private purposes, such as personal debt repayment and living expenses, and the Defendant did not have the intent or ability to purchase trees by concluding the punishment contract on behalf of the victim. Therefore, the horses were all false.

As above, the Defendant, by deceiving the victim, received from the victim, KRW 25,315,00 in total from the account in the name of the Defendant or S over 17 times from June 4, 2011 to January 17, 2012, as shown in the list of crimes, and acquired it by deception.

Summary of Evidence

1. The legal statement of K Witness;

1. Details of the bank transactions to be submitted to K;

1. The defendant and his defense counsel argued to the effect that the criminal intent of defraudation cannot be recognized in light of the fact that the defendant introduced the victim with the child who could actually be punished by deception, etc. However, according to the above evidence, the total amount he received money from the victim under the pretext that the defendant would introduce and bring the possible acids, and the total amount he did not comply with the above promise for KRW 25,315,000 among them, and the defendant did not receive the money from time to time, and even if he received the money from time to time, he did not comply with the promise, even though he did not notify the victim of the contract deposit, etc. for acid which could be punished by deception.

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