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(영문) 대구지방법원 2017.01.17 2016고단5301
사기
Text

1. The Defendants shall be punished by imprisonment for six months.

2.Provided, That with respect to Defendant B, the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants came to know while engaging in the wholesale business of the pharmaceutical company for about 20 years prior to the 20-year period, and Defendant A was transferred to the elementary school of the victim C, and the Defendants conspired to divide money from the victim into money under the pretext that they would use money from the victim as a tool cost, etc.

Defendant

A, according to the above public offering on December 24, 2014, by phone calls from the victim on the 10:00 square districts, and selling the land jointly purchased with B at KRW 3.9 billion, “A” under the custody of cash, “Stin may die if he/she uses the money so sold, he/she may die as a partner of the co-owner.” Thus, he/she will use it only if he/she lends KRW 1.9 million to 1.9 million in order to use it.

“A false statement” was made.

However, the Defendants did not own personal property, and even if they borrowed money from the damaged party at the time, they did not have the intent or ability to repay it.

The Defendants conspired to induce the victim and received KRW 1.9 million from the victim to the Daegu Bank account under the name of the Defendant A, and received or delivered KRW 80,514,570 in total on 73 occasions from around that time to January 11, 2015, such as the list of crimes in the attached Table of crimes.

As a result, the Defendants conspired to deception the victim and acquired the property.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on deposit transactions, records prepared at the time of borrowing, electronic financial remittance confirmation certificates, family relation certificates, resident registration certificates, resident registration certificates, details of bankbooks, transaction details, dialogue details, mailbook, and copies of bankbooks;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Defendant B of the suspended execution: Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The sentencing criteria shall be based on;

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