logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2012.10.11 2011고단5495
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around September 2007, the Defendant made a false statement to the victim B that “The Defendant would remove sold c and 17 parcels in Kui-si and construct shopping mallss,” and that the Defendant would remove 20 million won on his own.”

However, since the defendant could not construct shopping mall because of lack of funds at the time, even if he received money from the victim, he did not have the intent or ability to perform removal work.

Around September 14, 2007, the Defendant, by deceiving the victim, received KRW 20 million from the victim via the Agricultural Cooperative Account (E) in the name of D around September 14, 2007.

2. On November 3, 2007, the Defendant: (a) intended to remove the victim H from G coffee shop located in Daegu-gu, Daegu-gu to remove 'Yan-si' I and nine parcels outside the Gyeonggi-do Suwon-si, and to construct a new English village; (b) intended to remove 30 million won in the Jeju-do.

"Finally, it made false statements."

However, since the defendant could not construct the English village due to the lack of funds at the time, even if he received the money from the victim, he did not have the intention or ability to perform the removal work.

As such, the Defendant, by deceiving the victim and deceiving him as such, KRW 10 million from the victim on November 3, 2007, KRW 10 million on December 24, 2007, KRW 2 million on December 27, 2000, KRW 500,000 on January 4, 2008, and the same year.

1. 8.2.5 million won, and the same year;

1. 12. 5 million won, and the same year;

1. 15. 200,000 won received as a total of 32 million won;

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. A protocol concerning the examination of suspect to J;

1. Each police statement made to K and H;

1. A copy of a bankbook;

1. A contract agreement on construction works;

1. A table of request for the details of transactions due to demand;

1. A contract agreement for removal works;

1. Details of financial transactions;

1. A service contract agreement, etc.;

1. A contract agreement;

1. A contract for interior works;

1. Each investigation report (with respect to the attachment of a contract for construction works, with respect to the submission of evidentiary data related to the promotion of English village projects);

1. Criminal facts;

arrow