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(영문) 대구지방법원 2014.06.26 2014고정410
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 22, 2011, the Defendant stated that “In the E-cafeteria operated by the Defendant in Yongcheon-si D, the Defendant lent the funds for operating the cafeteria to operate the cafeteria, and provided monthly principal and interest each month when operating the cafeteria, and if the said money is not repaid, he/she would transfer the G Apartment 209 Dong 2304, etc. he/she lives.”

However, even if the defendant received the above money, he did not have the intention or ability to repay the money without any special profits, and G apartment did not have the intention or ability to repay the money even if he did not receive the above money due to the non-transfer to the leased apartment.

On April 22, 2011, around April 22, 2011, the Defendant, by deceiving the victim as above, issued 1 million won cashier’s checks in total, 10 million won around June 22, 201, and 10 million won cashier’s checks in total, around June 22, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes to loan certificates;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the defendant and his defense counsel have received money from the victim, the defendant and his defense counsel asserted that the money is not obtained by deceiving the victim, since the victim's nature of donation was given to maintain resistant relations, the defendant's deception of the victim is not necessary.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, and ① the victim reversed the statement from the investigative agency on the timing and frequency of lending the money to the defendant. However, the circumstances leading up to the delivery of the money in this case from the investigative agency to this court.

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