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(영문) 대구지방법원 김천지원 2019.11.26 2019고단727
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is a person who sets a capital reduction and a spawn agricultural house in Kimcheon-si, Kimcheon-si with her husband.

Defendant 2018

1. In the office of the victim E, Inc. located in Daegu D, the victim E, stating that “F will supply reduction of 650 won per kgg when harvest of 10,000 won for the 20,000 square meters of knife. 10,000 won of knife.”

However, in fact, the Defendant thought that her husband B would have concealed the fact of the contract and use the down payment as her own money. Of 20,000, the Defendant was already contracted to supply G for about 10,000 square meters among the dry field of 20,000 square meters. In fact, her husband B did not notify her husband B of the fact of the said contract and was scheduled to sell the harvested capital to another person, so there was no intention or ability to supply reduction even if he received the down payment from the victim.

Around January 10, 2018, the Defendant, by deceiving the victim as above, received 10 million won from the H association account (I) in the name of the Defendant as the down payment from the victim and acquired it by deceit.

In addition, from the above date to June 23, 2018, the Defendant: (a) took 28 times as indicated in the attached list of crimes; (b) considered that the amount received was used as gambling funds; and (c) the account holders, such as J, etc., took advantage of the fact that they were creditors who borrowed gambling funds to the Defendant, and did not actually take advantage of capital reduction or spatia; (d) even if they did not have the intent or ability to provide capital reduction or spatia; (b) by deceiving the victim as if they were to provide capital reduction or spatia despite having not been able to provide capital reduction or spatia; and (c) obtained it by deceiving the victim under the pretext of capital reduction or spatia.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Each police statement made to K and F;

1. An investigation report L.

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