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(영문) 대전지방법원 천안지원 2019.02.14 2018고단972
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who engages in the adjustment of drugs at a pharmacy operated by the defendant who is a pharmacist in Boan-si B.

From the end of November 2010, the Defendant issued a false statement that she had a farite victim E with whom she had a farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite farite fear fear far far fear far far far far far far far far far

However, in fact, the Defendant was not awarded a contract for civil works in F but received a daily remuneration from G, a contractor, and thus, the Defendant was thought to use the loan as his personal debt repayment and living expenses, etc. because it is not necessary to bring funds into the construction site.

In addition, there was no particular income in addition to daily allowances received at the construction site, and there was no real estate or deposit in the name of the principal, and there was no promise to pay the debt, so even if he/she borrows money, he/she did not have an intention or ability to pay it.

Therefore, on December 1, 2010, the victim had paid KRW 10,000 to the defendant, and the defendant received KRW 13,000,000 from the victim on the 13th day of the same month and the 47,000,000 won on the 13th day of the same month, respectively.

In this respect, the defendant deceivings people and defrauds 60 million won.

Summary of Evidence

1. Each legal statement of witness E and H;

1. Statement of H substitute statement in the suspect examination protocol of the accused by the prosecution;

1. Copy of the interrogation protocol of the prosecution concerning I;

1. Each prosecutor's statement concerning E and I;

1. Copy of the statement made to H by the police;

1. A detailed statement of deposit transactions;

1. Defendant I's judgment (Support by the High Court Decision 2012 High Court Decision 515);

1. Investigation report (the details of account transactions in the name of the complainant E) Acts and subordinate statutes;

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