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(영문) 대구지방법원 2013.12.06 2012고단7983
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On August 31, 2011, at around 07:40 on August 31, 201, the Defendant made a false statement to the victim C (the age of 41) of the Daegu Dong-gu building that "I will lend KRW 7 million as soon as I will pay the price for the goods in excess, and one month."

However, the fact is that the defendant operated the excessive operation at the time, and the credit payment has not been paid properly, so even if he borrowed the above money from the victim, he did not have the intention or ability to pay it after one month.

The Defendant, as such, by deceiving the victim, received 7 million won from the victim.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Each investigation report (leased D and telephone communications, E companyF and telephone communications);

1. Application of Acts and subordinate statutes to the authentic copy of notarial deed, real estate lease contract, and written confirmation of loan balance;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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