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(영문) 대구지방법원 2016.09.09 2016고단1982
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 14:00 on January 31, 2013, the Defendant made a false statement to the office of certified judicial scrivener D, located in Suwon-gu, Daegu-si, Daegu-si, stating that “If 50,000 won are invested in the F in creating a tenement house, the principal shall be paid within three months, and the investment income shall be paid KRW 150,000 after selling the apartment house.”

However, in fact, since the defendant did not have any special property as a bad credit holder at the time, and it is not certain whether or not to obtain related permission, the above apartment house construction project has no guarantee of success, the defendant is receiving investment money from the injured party.

Even if there was no intention or ability to reduce the principal and profit within the above period.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 50 million, including KRW 30 million around January 31, 2013, and KRW 20 million around February 13, 2013, to the Daegu bank account in the name of G, an employee of the said certified judicial scrivener office, under the pretext of investment from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the examination of the suspect by the prosecution against the defendant (including the part concerning the statement of the E);

1. Statement of each police statement with respect to E, H and D;

1. Application of each Act or subordinate statute of a criminal investigation report (cod judicial scrivener, etc., with regard to the actual verification of a site for a project), investigation report (including the details of the response data for permanent viewing and the receipt of a written application for withdrawal of a civil petition), personal financial transactions (fax), copies of bankbooks, criminal investigation reports (the details of telephone conversations between the complainant and the victim), criminal investigation reports (the details of testimony by reference I telephone), and criminal investigation reports (the details of telephone conversations with reference J);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 62(1) of the Suspension of Execution (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 200) (see, e.g., Supreme Court Decision 2008Da1540, Apr. 21, 200

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