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(영문) 대구지방법원 2016.09.07 2016고정1255
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant made a false statement to the victim C, “The Defendant shall sell the goods in wholesale in front of Daegu Suwon-gu, 2015, and buy the goods such as a cleaning machine of Dason’s brand. The Defendant borrowed money short of money. If the goods fall short of money, the Defendant would immediately pay the money and return the goods to the effect that the goods are not sold.”

However, the facts did not have the intention or ability to repay even if they borrowed money from the victim.

As such, the Defendant, by deceiving the victim as such, obtained a sum of KRW 9.3 million from the victim to the post office account under his/her name on October 29, 2015, including KRW 5 million around October 29, 2015, KRW 1.3 million around October 31, 199, and KRW 3 million around February 11, 200.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of detailed statements of transactions and Acts and subordinate statutes concerning account transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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