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(영문) 대구지방법원 김천지원 2016.08.18 2016고단821
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 9, 2014, the defendant called the victim C at an infinite place and called the victim C for a factory building in lurge group by public auction.

The husband of the Republic of Korea, who had worked in Llldong-gun's office, concluded that the husband's account (D) in the name of the community credit cooperative in the name of the community credit cooperative in order to purchase the purchase amount of KRW 30,000,000.

However, in fact, the Defendant did not have confirmed whether the factory building in Glllldong group was in a public sale, and was thought to use the money to pay from the injured party as personal debt repayment and singing opening expenses. Therefore, even if he received money from the injured party, he did not have the intent or ability to purchase the above factory building in a public sale.

Around June 9, 2014, the Defendant: (a) by deceiving the victim as above; (b) received KRW 30,000,000 from the victim to the corporate account under the name of the above Saemaul Saemaul Bank; and (c) received money from the victim under the name of the above factory purchase price; and (d) deceiving the victim as shown in the annexed crime list from June 9, 2014 to October 28, 2015; and (b) by deceiving the victim as in the annexed crime list, the Defendant received KRW 215,20,000 in total from the victim to the corporate account under the name of the above Saemaul Bank or the agricultural bank account under the name of the Defendant; and (e) obtained money from the victim on nine occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A full certificate of registered matters, a detailed statement of deposit transactions, a statement of transaction of the NongHyup Account in Defendant’s name, and a written message;

1. Application of investigation reports (verification of a relative excursion ship to a person in charge of Saemaul credit cooperatives) (applicable to such reports;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment for the crime (including each crime listed in attached Table 1 to 8) and each choice of imprisonment with prison labor;

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. One month to fifteen years from the date of imprisonment with prison labor for a prison labor in law; and

2. Application of the sentencing criteria;

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