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(영문) 대구지방법원 서부지원 2016.07.21 2016고단902
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. On March 28, 2013, the Defendant, on March 28, 2013, called the victim C on March 28, 2013, at the Defendant’s residence located in Daegu-gu, Daegu-gu, the Defendant called the victim C, and “it is urgently required hospital expenses and operating expenses.”

As the children who suffered from the accident are the researchers of Mando corporation, it can be repaid in one month after the month.

“A false statement” was made.

However, the defendant thought that he would use the money that he received from the injured party for his own stock investment, that he did not need the hospital expenses and surgery expenses, and that he did not have any intention or ability to repay the borrowed money to the injured party, even though he had a relative's own possession.

The defendant deceivings the victim as above and was transferred 30 million won to the Nonghyup Bank account (D) in the name of the defendant on the same day from the victim.

2. On May 20, 2013, the Defendant was involved in the fraud of the F Company’s family to the victim C by calls from May 20, 2013 to the victim C at the Defendant’s residence located in Daegu Southern-gu, Daegu-gu, and “The F Company’s family’s private placement to the E church going to the inside.”

F. 15% of the earnings on the principal of the shares will be paid monthly by investing in the F Company's own shares.

“A false statement” was made.

However, the defendant thought that he will invest in shares other than the FF company's own shares, and invested in F company's own shares, and there was no intention or ability to pay 15% of the profits each month to the victim.

The defendant deceivings the victim as above and was transferred 49.5 million won to the Daegu Bank Account (G) in the name of the defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes verifying the fairness of transactions of deposits and certificates;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) of the Criminal Act and imprisonment with prison labor for the selection of criminal facts;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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