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Reasons
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(영문) 대구지방법원 2013.08.23 2013고단940
사기
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 70,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Criminal facts

1. On March 201, 201, the Defendant made a false statement to the victim C (year 71) that “The Defendant would have a child, who is the principal of the street fund employed in the subway Corporation.”

However, there was no intention or ability to find employment of the complainants.

The Defendant, as such, by deceiving the victim, received KRW 50 million from the victim under the pretext of street funds, etc., from the victim of the same month or lower in the same month.

2. On April 201, 201, the Defendant made a false statement to the victim, stating, “I need additional expenses to be paid. I will additionally give up employment of KRW 20 million within 2-3 months on the face of a week.”

However, there was no intention or ability to find employment of the victims.

The Defendant, as such, by deceiving the complainant, received KRW 20 million from the front side of the E pharmacy located in D for the same month, under the pretext of street funds, etc. from the complainants.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. An interrogation protocol of the police against the accused (including the C or F statement);

1. Statement by the police about C (including the F statement part);

1. A repayment plan for the borrowed money with regard to details of transactions of financial instruments accounts, three copies of post office slips, detailed inquiries into financial transactions, and amount of ten million won, respectively;

1. The defendant and his defense counsel's assertion of recorded defendant and defense counsel had been delivered KRW 50 million to the victim's private village F from the victim's private village F, but this means that the defendant and F will make an investment in futures option and divide profits if the defendant and F will make profits from the futures option, and the defendant and F will make an investment in futures option, but only loss occurred. The defendant's assertion that it is not a deception of the victim or a 70 million won from the victim as stated in the judgment of the court below.

Moderns, victims, and F.

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