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(영문) 대구지방법원 2018.06.28 2018고단305
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who supplies and constructs a mold in a reconstruction apartment with the trade name of “C” or “D”.

On November 2015, 2015, the Defendant, at the “F Kaf,” located in the Daegu Suwon-gu, Daegu Suwon-gu, where the Defendant provided financial support to the H apartment reconstruction association located in the Daegu Seo-gu, he may receive distance such as relocation agency, sale agency, and new sif, etc., from the victim G. In order to do so, 200 million won should be given.

B. Because there is only KRW 100 million, if N.D makes an investment of KRW 100 million, the principal will be repaid until March 2016, and the profits will be distributed by performing activities such as the services of migrants to reconstruction improvement projects, removal, new time, sale by proxy, etc.

The phrase “it may distribute at least KRW 100 million.”

However, the Defendant only intended to use the money received from the victim due to the absence of any particular income at the time, and did not think of the intent to provide the funds to the reconstruction association with the said money, and there was no intention or ability to pay the principal and profit to the victim, even if the Defendant received the money from the victims, because it was uncertain whether the Plaintiff entered into a contract for the relocation of the reconstruction association with the reconstruction association, the sales agency, and the new establishment of the reconstruction association, etc.

Around November 24, 2015, the Defendant deceivings the victim as above and was delivered KRW 100 million to the national bank account under the Defendant’s wife I.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingG statements);

1. Statement of the police statement related to G;

1. Inquiry of transaction details;

1. Application of investigation report (the statement by the president of H apartment reconstruction association) Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Standard for sentencing on the grounds of sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] of the two types of general frauds (one hundred million won or more, five hundred million won or more).

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