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(영문) 창원지방법원 마산지원 2019.06.21 2019고단257
사기
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A defendant shall be punished by imprisonment with prison labor for up to six 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

[Criminal Power] On November 1, 2017, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution for fraud at the Changwon District Court on November 1, 2017, and the judgment became final and conclusive on the nine day of the

【Criminal Facts】

Around 16:00 on January 13, 2012, the Defendant made a false statement that “The Defendant would pay KRW 50 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000)

However, the Defendant was a bad credit holder, and at the time, was delinquent in paying taxes of KRW 690 million to the National Tax Service, and was liable for the total amount of loans of KRW 6954 million and the total amount of loans of KRW 1264 million to the equipment operator with credit without any special capital, and thus, the Defendant did not have any intent or ability to complete the land development work even if it was invested in money from the victim, such as not only did it have to be used in discharging the existing obligation, but also did not purchase access roads necessary for the land development work, even if it was invested by the victim.

Around February 14, 2012, the Defendant, by deceiving the victim as above, received KRW 50,000 from the victim to the bank account in the name of F Co., Ltd. operated by the Defendant, and received KRW 50,000,000 from around that time to June 7, 2012, the Defendant received KRW 185,650,000 in total from 15 times in the same manner as the attached crime list in attached Table, or acquired the victim’s property by transfer or check.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and each police's statement concerning D;

1. A list of transactions;

1. Credit information inquiry;

1. Each investigation report (related to telephone conversations for reference witnesses, G telephone conversations for reference witnesses, H telephone conversations for reference witnesses, I telephone conversations for reference witnesses, succession to permission rights);

1. A previous conviction in judgment:

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