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(영문) 대구지방법원 포항지원 2014.05.01 2013고단1323
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around July 2008, the defendant became aware of the victim B through a website called "D, a private meeting of the Internet," and exchanged contact with each other.

1. Around November 3, 2008, the Defendant made a false statement to the victim of the F Infant Care Center located in Northern-gu, Northern-si, Ma on November 2, 2008 to the effect that “The Defendant would sell and promptly receive KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, the fact that the Defendant’s (State) was not a party to a contract with G and machinery sales, and thus, the Defendant did not have the ability to pay the amount, even if the Defendant borrowed money from the victim, such as the failure to pay monthly wages, rents, etc. by the employees.

As above, the Defendant, by deceiving the victim and deceiving him from the victim, through the bank account in the name of H to the bank account in the name of 20 million won on the following day.

2. On March 9, 2009, around 15:00 on March 26, 2009, the Defendant made a false statement to the effect that “Around March 26, 2009, the Defendant borrowed KRW 5,000,000 to Busan Customs Day, and would be repaid immediately if he/she borrowed KRW 5 million.”

However, in fact, the defendant did not have any property or income under the name of the defendant with bad credit, and the (State) H operated by the defendant did not have the ability to repay the loan to the victim even if he borrowed money from the victim, such as delayed payment of monthly wages and rents.

As above, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the bank account in the name of H on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (attached records attached to records and filing of deposit certificates of remittances);

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;

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