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(영문) 대구지방법원 서부지원 2015.06.04 2013고단544
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

On June 21, 2012, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for fraud at the Seo-gu District Court Branch Branch of the Daegu District Court for the purpose of fraud, and on May 23, 2013, the said judgment became final and conclusive.

Around 2006, the Defendant, H, and the Victim G entered into a partnership agreement on the business of the Red Sea Sea Bas with the content that the Defendant is responsible for supporting and operating the business of the Red Sea Bas. The victim invested the business expenses and operating funds, and H wishes to take charge of the production and delivery of the Red Sea Bas.

1. On May 2008, the Defendant made a false statement with the victim’s phone call at a place where it is not possible to know a place where the Defendant could not know, that “The gold production cost for the creation of the Red Sea Sea Sea Bas is equivalent to KRW 280,000,000, and thus, remitted this to the H account.”

However, the defendant had already been aware that the cost of approximately KRW 210 million was incurred in producing the Red Sea Bab, and he thought that the remaining difference would be acquired.

The Defendant, by deceiving the victim as above, received 280 million won from May 15, 2008 to December 29, 2009 to the Daegu Bank account under the H’s name from May 15, 2008, by remitting the amount of money equivalent to KRW 280 million from May 15, 2008 to December 29, 200 won, which is the actual production cost and difference.

2. On December 2009, the Defendant made a false statement to the victim by phoneing the victim at the lower court’s lower court on December 2, 2009, stating that “It is necessary to pay 50 million won to H as it is necessary to manufacture the first product by using gold-making machinery.”

However, in fact, the defendant had already been aware that the production cost of 40 million won would be the cost of 40 million won, and the other difference would have been acquired.

Around December 11, 2009, the Defendant, by deceiving the victim as such, had the victim deliver KRW 50 million to H as the initial production cost at the hotel coffee shop near Daegu Airport on the basis of the initial production cost, thereby deceiving the victim of the difference between the actual production cost and the actual production cost.

Summary of Evidence

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