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(영문) 대구지방법원 2013.05.02 2012고단8835
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 23, 2012, the Defendant made a false statement that “D” sales office operated by the Defendant in Daegu-gun-gun Co., Ltd. that “When investing money to pay KRW 15 million to the Victim E with the advance payment, the Defendant would give investment money and proceeds to the Defendant around September in the production and sale of the product.”

However, even if the defendant received money from the victim, he did not have any intention to invest in the above F, and was thought to be used as a repayment of his debt, so even if he received an investment from the victim, he did not have an intention or ability to pay the investment and the profit normally.

The Defendant received 15 million won from the victim as investment money, namely, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (with respect to details of transactions from entry);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that there is no record that the defendant was punished for the same kind of crime, and that the defendant reflects the defendant and fully paid the amount of damage to the victim);

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