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(영문) 대구지방법원 포항지원 2014.05.28 2013고단1276
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 26, 2010, the criminal defendant against the victim C made a false statement to the victim C at the multilateral side of the cross-city bus terminal located in the south-gu, Mado-dong, Yong-gu, Seoul, about December 26, 2010, as follows: “The domestic head is the relative of the President, and the President is a relative with the President once every three months. D special Minister is also a kind of relationship, and D special Minister introduced the scrap metal and materials generated from the E company, so it would be possible to purchase the said scrap metal at the face of the cost.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to arrange the purchase contract for the scrap metal.

On December 27, 2010, the Defendant, as above, transferred KRW 10 million to his own Agricultural Cooperative Account (Account Number:F), and acquired pecuniary benefits equivalent to that amount.

2. Around May 2011, the criminal defendant against the victim G refers to the victim G at a restaurant located in the trade name and aesthetic part of Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government, stating, “A person who is well aware of the fact among the Posco personnel, and a cost of KRW 20 million shall be purchased at a low price of at least 30-4 million in scrap metal through the person, if the person is in the high seas.”

However, even if the defendant receives money from the victim, the defendant did not have an intention or ability to ask for the return of the scrap metal.

Around July 15, 2011, the Defendant received KRW 5 million from the defraudeded victim via the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant and acquired a considerable amount of property benefits, and the same year.

8. 23. 23. Receipt of a check of KRW 10 million in a mutually aesthetic restaurant near the Seoul Station and defraud it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and C;

1. Application of Acts and subordinate statutes to receipts, receipts, borrowing certificates, written agreements, copies of passbooks, and photographs;

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

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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