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(영문) 대전지방법원 천안지원 2016.12.02 2016고단265
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

On November 11, 2008, the Defendant introduced the Victim F from “Dda” in the “Dda” located in Kuju-si, the Defendant made a false statement to the effect that “The Defendant may produce news reporting block, which is a construction material, by means of earth and sand project emitted from tin acid located in Kuju-si, where the Party works for the Party, would have a high profitability for doing a yellow news reporting block project, and at the cost of mechanical design and factory establishment, etc., the Defendant is required to KRW 00 million. The expenses would allow the Small and Medium Business Administration to obtain a loan by filing an application for the business with the Small and Medium Business Administration, and would request KRW 38 million with the project cost.”

However, in fact, it is impossible to recycle earth and sand as a brick pursuant to the Wastes Control Act, and thus, it is impossible for the Defendant to implement the project of the “YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

The Defendant, as above, by deceiving the victim, received 13 million won from the victim via E, namely, a check.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. A protocol concerning the suspect examination of the accused;

1. The third protocol concerning the examination of the suspect against the defendant;

1. A written statement of I and J;

1. Inquirys;

1. Receipts:

1. The fact that the defendant in the complaint was committed in the police and prosecutorial investigation, the fact that the victim consistently stated the core matters such as the process of delivering the defendant's deception and money in the investigative agency and the court, and the fact that it is impossible to recycle it as a brick pursuant to the Wastes Control Act. The fact that the defendant could not be confirmed specifically as to the same situation at the time of deception by the victim, and that it appears that the defendant was not considered to have been repaid by the defendant.

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