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(영문) 대구지방법원 김천지원 2017.05.16 2016고단1248
사기
Text

A defendant shall be punished by imprisonment for 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

From around 2008, the Defendant became aware of the Victim F (V, 39 years old) who operated the D's seat at the time of the interest as an employee at the main point and the news room operated by D in the Gu and Sinsi.

On February 28, 2010, the Defendant wishes to take money from the victim at around February 28, 2010.

"........" The victim "...., if the victim .... is to have the payment together, it shall be stamped on the first day.............

“The consent was given.”

However, in fact, the Defendant did not have the property owned by the Defendant, and the Defendant did not have the intent or ability to pay 1.3 million won monthly payment to the Defendant from the following month, even if he received the payment from the victim, since the Defendant was liable for 1.5 million won for the lending company, and H, which became aware of through the above D, such as G, and 2.5 million won for the Defendant’s guarantee obligation for the male-friendly Gu.

Nevertheless, the defendant deceivings the victim as above and received cash of KRW 10 million from the victim in the above container office around that time.

Summary of Evidence

1. Legal statement of the witness D;

1. Each statement of the witness F and I in the second public trial record;

1. Statement made by the witness J among the third public trial records;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Investigation report (the three-day telephone communications of the law firm);

1. In full view of the following circumstances recognized by the evidence duly adopted and investigated by this Court, the fact that the Defendant obtained a KRW 10 million from the damaged person as a map and acquired it by deception as stated in its reasoning.

(1) A victim has made a relatively consistent and concrete statement in an investigative agency to the extent that it does not reach this court, and the victim has made a false statement.

There is no particular circumstance to see.

(2) I and J.

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