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(영문) 대구지방법원 2017.09.21 2016고단6704
사기
Text

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

Reasons

Punishment of the crime

On October 2012, the Defendant knew the fact that the victim E is scheduled to build “G” in Ulleung-gun F in the D office located in Ulleung-gun C, which was scheduled to spring on October 2013, 2012, and the Defendant purchased the construction materials in advance and saved the price if two are to be seen.

In order to use it as material price, the author first concluded a provisional contract and falsely stated that “the down payment will be changed first.”

However, at the time of fact, the defendant was in bad credit standing, and even if he received a down payment in advance under the pretext of using it as material price from the injured party, he was thought to use it as debt repayment and living expenses, etc., and there was no intention or ability to purchase construction materials in advance or to normally

Around October 25, 2012, the defendant deceivings the victim as above and received KRW 100 million from the victim, via the Agricultural Cooperative Account (Account Number: I) in the name of the defendant H, who is a arar of the defendant.

Summary of Evidence

1. Each legal statement of witness E andJ;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. To accept a report on transactions of seized accounts, credit reports, general building ledgers, cash storage certificates, certificates of seal imprint, standard private construction contract certificates, notification of the results of examination following a building report, reply following consultation on affairs following an application for a building report, and a building report;

1. Each investigation report (the attached details of the use for KRW 100 million for the purchase cost of building materials, whether a building permit at G site exists) (the accused and the defense counsel shall not receive the price of the materials, but receive the contract deposit for the construction work, and have no intention to commit the crime of

The argument is asserted.

However, the following circumstances acknowledged by each of the above evidence adopted by this Court, and ① Victim E and his wife consistently stated to the effect that “The victim E and the J, who are the wife, have concluded a provisional contract and paid KRW 100 million in trust with the Defendant’s horse that had already sold construction materials as the price for the materials was recorded,” and ② G.

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