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(영문) 대구지방법원 2013.05.09 2013고단39
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 11, 2009, the Defendant concluded that, “In the construction site of L Schools located in Chungcheong-gun, Chungcheong-gun, the Defendant would give a subcontract for this construction if it loans KRW 20,000,000,000 to the victim M when it was awarded an order for interior works equivalent to KRW 1,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, the defendant did not have any intent or ability to pay the money.

The Defendant, as such, by deceiving the victim, received money of KRW 20,000 from the victim to the new bank account in the name of N that the Defendant is not immediately.

2. On November 26, 2010, the Defendant made a false statement to the victim Q Q as follows: “Around November 26, 2010, the Defendant shall take over and implement the S theater in Daegu-gu R, and if the Defendant borrowed KRW 5 million as expenses, he/she will pay the money to the victim Q, and will give a subcontract to the construction site.”

However, there was no intention or ability to pay or subcontract the construction work.

As such, the Defendant, by deceiving the victim, was transferred KRW 5,00,000 from the victim to the bank account in the name of Trancing the Defendant from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on M and Q;

1. Application of the respective Acts and subordinate statutes in a complaint filed by M and Q;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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