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(영문) 대구지방법원 포항지원 2015.05.21 2014고단1191
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around June 2010, the Defendant made an investment to the victim D’s singing room operated by the wife of the victim D located in Nam-gu, Nam-gu, Sinpo-si, and at the time of port, the Defendant made an investment because the existing land value is KRW 200,000 per square meter, KRW 300,000 per square meter, and KRW 500,000 per square meter, and it can receive 80,000 won per square meter when the land partition is adjusted. Furthermore, the Defendant invested in the land, and there are many persons to make an investment. It would be possible to make a profit within one year or two years, calculated as KRW 50,000 per square meter, and invested KRW 76,50,00 per square meter in the 153 square meter.”

However, in fact, the defendant was thought to use money from the victim because there are many existing debts with bad credit, without any special assets, for the repayment of the existing debts of the Corporation, and there was no intention or ability to invest in land development.

As above, the Defendant, by deceiving the victim and deceiving him from the victim, to the account under the name of wife E from the victim, to July 15, 2010, and the same year.

8. 30,00,000 won on December 30, 191, 30,000,000 won on December 13, 191, and 30.5,000,000 won on December 30, 191; and

9.1. 4,500,000 won was delivered on January 1, 200.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Data on the details of remittance transactions;

1. Application of Acts and subordinate statutes to investigation reports (referring to the F Telephone Investigation for Witnesses);

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

1. Reasons for sentencing choice of sentence of imprisonment [the scope of recommending sentence] General Fraud (less than KRW 100 million) and there is no basic area (one year and six months of imprisonment or more) [the person specially punished] [the decision of sentence] as to part of the damaged amount, the defendant agreed to set up a right to collateral security in the future of the victim, and the defendant committed the same kind of crime.

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