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Reasons
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(영문) 대구지방법원 영덕지원 2019.03.06 2019고정2
사기
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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 Oct. 1, 2009, the Defendant made a false statement to the effect that “The Ka Center shall immediately take over the Ka Center to the victim at a cafeteria operated by the victim C, which is located in Busan B, Busan, on Oct. 1, 2009.”

However, in fact, the defendant did not take all the procedure for the takeover of the Ka Center at the time, and it was not clear whether the Ka Center was acquired or not, and if the Ka Center was not acquired after borrowing money from the victim, it was thought that it was not returned money to the victim, but used for personal purposes such as the purchase of school buses.

Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 10,000,000 to D under the name of the victim as the purchase price of the Ka Center, around October 5, 2009, KRW 20,000,000 around October 21, 2009, KRW 20,000,000 around November 12, 2009, KRW 19,50,000 around November 18, 2009, and KRW 69,50,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on deposit certificates of passbooks;

1. The reasons for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts (including selection of fines, inclusive) include: (a) the defendant recognized all of the crimes in this case; (b) the defendant repents and reflects his mistake; (c) the defendant discharged approximately KRW 45 million out of the amount of damage; and (d) the victim filed a petition with an investigative agency at approximately eight years after the occurrence of the instant case; (b) the defendant’s age, environment, character and conduct, motive, means and consequence of the crime; and (c) the sentencing factors indicated in the instant pleadings, such as the circumstances after the crime, shall be determined as ordered

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