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(영문) 서울중앙지방법원 2014.03.06 2013고단2944
사기
Text

Defendant shall be punished by imprisonment with prison labor for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

D is a person who operates a gallon as “E”, and the defendant is a person who is not a defendant.

Defendant and D, on May 24, 2012, purchased and disposed of 100,000 won in 150,000 won in 10,000 won in 10,000 won in 10,000 won in 10,000 won in 10,000 won in 10,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 200,000 won in 20,000 won in 20,000 won in 20,00 won in 200.

However, in fact, D merely received the request from I to sell the 100 million won to the 100 million Won, and it did not intend to pay 150 million won to the 100 million won won, and the above Round was not designated by the State, and the place of sale was not determined. In addition, even if the Defendant did not have the intent or ability to stand as a joint and several surety and received money from the victim, the Defendant and D did not have any intent or ability to borrow the additional money. Therefore, the Defendant and D purchased the above goods from I and paid the difference to the victim and did not have any intention or ability to borrow the money.

Nevertheless, the Defendant, in collusion with D on May 18, 2012, prepared an agreement on the above contents at the above place and received KRW 100 million from the victim as a check and acquired it by fraud.

Summary of Evidence

1. Each legal statement of the witness H, I and G;

1. A protocol concerning the examination of certain police officers against the defendant or D;

1. Application of Acts and subordinate statutes to written agreements, receipts, copies of cashier's checks, and appraisal certificates;

1. Relevant provisions concerning facts constituting an offense;

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