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(영문) 대구지방법원 2014.04.30 2013고단4611
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around June 5, 2012, the Defendant made a false statement to the victim D at the C Office located in the Gyeonggi-si, Chungcheongnam-si, Busan-si, that “If the Defendant lends money of KRW 3 million to the victim D, the Defendant will use the money only for two months, and will have the principal repaid.”

However, even if we borrow money, there was no intention or ability to repay it.

The Defendant received 3 million won from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around July 2, 2012, the Defendant made a false statement to the victim at the above C Office stating, “The purchase price for raw materials is insufficient to operate a meritorious part agency. If the Defendant borrowed 15 million won in money before the two months, the Defendant would use the money before the two months, and would pay 18 million won including KRW 3 million in advance.”

However, even if we borrow money, there was no intention or ability to repay it.

The Defendant received KRW 15 million from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

3. On November 20, 2012, the Defendant made a false statement at the above C Office stating, “Around December 30, 2012, the Defendant supplied the goods to the victim, but the customer did not purchase the goods and sold the goods to the customer with no money, would use the money until December 30, 200,000 won, and the sum of the money borrowed up to the said system would have to pay 28 million won in full.”

However, even if we borrow money, there was no intention or ability to repay it.

The Defendant received KRW 10 million from the victim on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to a complaint, loan certificate, apartment sales contract or copy thereof;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The suspended sentence is more favorable than the reasons for sentencing under Article 62(1) of the Criminal Act.

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