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(영문) 청주지방법원 2016.11.16 2016고단2173
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From 2013 to Cheongju-si, the Defendant had been engaged in Cheongju-si wholesale and retail business with the trade name “D” in Cheongju-si, which caused a lack of cash by unreasonable increase in trading volume, and as at the time, it was impossible to grant a loan due to credit recovery, the Defendant was unaware of the victim E who was supplied with work from the Defendant, thereby deceiving the victim E to acquire money from the victim.

On October 2, 2013, the Defendant: (a) around October 2, 2013, in the “D,” the victim (“D”) made a false statement to the effect that “I will immediately return the transaction deposit upon the completion of the transaction with a producer, such as a dead-quality company and an orchard, while leaving the producer with a separate cash transaction with a mountainous farmer; and (b) if I secure the quantity, I would be able to receive a stable quantity with the favorable price. If you make an investment in the transaction deposit, I would be able to pay the profits according to the quantity purchased by the mountainous farmer at the cost of the transaction.”

However, there is no concept of "transaction Deposit" in the business with the agency, so there is no special benefit accrued therefrom, and even if the defendant receives money from the victim as the name of the transaction deposit, it was thought that it will be used for the price of goods, living expenses, and repayment of debts, and there was no intention or ability to pay it.

As such, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim as the deposit money for transaction on October 2, 2013, from the Defendant’s agricultural bank account under the name of the Defendant (Account Number:F), and acquired the money by deceiving KRW 17,4830,000 in total from around that time to April 24, 2014, as shown in the separate crime list.

Summary of Evidence

1. The Defendant’s legal statement 1.E written statement of the Prosecutor’s suspect interrogation protocol (including the E’s statement) against the Defendant 1.E (including the E’s statement) 1.E, each written performance confirmation, each investment contract, the details of the transfer, and the receipt of the profits.

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