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(영문) 대구지방법원 경주지원 2014.10.29 2013고단784
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On April 19, 201, the Defendant made a telephone call to the victim D and received the payment from the victim, without the victim’s intent or ability to deliver the said money, the Defendant made a false statement to the victim that “it has a large number of trees in mountain still in need of money. Last the end, the Defendant sent the trees first to send the trees first, and then the Defendant received KRW 10 million from the victim as a deposit account in the name of E on April 19, 201.”

2. On July 25, 201, the Defendant: (a) around Kimcheon-si, and (b) around July 25, 201, the fact that the Defendant received the payment from the victim, even if receiving the payment from the victim, would supply the victim with the amount of KRW 250 million,000,000,000 to the victim without the intention or ability to deliver the said payment; (c) made a false statement; and (d) received 25 million,00,000 won from the victim under the name of the deposit account in the name of E and acquired it by money.

Summary of Evidence

1. Legal statement of witness D;

1. Each protocol of examination of the accused by the prosecution and the police (including the parts D and E);

1. Statement made by the prosecution concerning D;

1. Statement of each police statement of E and D;

1. Each statement A and G;

1. In cases of an investigation report (Attachment of an accusation), application for carbon report (D), investigation report (Attachment of a basic certificate), basic fact certificate, investigation report (Attachment of a bankbook and specification of transactions), details of deposit transactions, etc., accusation statement, permission for cutting standing trees, receipts and contracts, summary of deposit balance and details of transactions, investigation report (report on hearing the statement of remittance details), details of entry and exit transactions, detailed statement of deposit balance and statement of transactions, investigation report (report on hearing the statement of remittance details), statement of entry and exit transactions, statement of measurement, statement of entry and exit transactions, statement of storage, etc., investigation report (verification of whether there is a business cutting timber of a suspect A), status of permission for cutting standing trees, etc

1. Relevant Article 347(1) of the Criminal Act regarding criminal facts and the choice of punishment, the choice of imprisonment, the defendant and his defense counsel, and the defendant H, who is the defendant’s imprisonment.

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