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(영문) 대구지방법원 2014.02.07 2011고단4756
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On December 26, 2007, the Defendant made a false statement to the victim F at the office No. 307 office of D University E, Daegu-gu, Daegu-gu, stating that “I would open 50% of profits by purchasing 30 computers and operating PCs if I would make an investment of 20 million won with a computer purchase price.”

At the time of fact, the Defendant did not have a security deposit for the PC G2-story G stores in Daegu Jung-gu, where the Defendant intended to use the PC bank and did not intend to open the PC bank by purchasing computers or to pay 50% of the operating earnings to the victim even if the Defendant did not have any intention or ability to pay the PC 50% of the profits from the purchase of computers, even if

Nevertheless, the Defendant, by deceiving the victim as above, received 20 million won from the victim as the price for the purchase of the computer and acquired it by fraud.

Summary of Evidence

1. Statements made by witnesses F and H in the second protocol of the trial;

1. The statements made by witnesses I and J in the fifth trial records;

1. Second police interrogation protocol against the accused;

1. The prosecutor's statement concerning the F;

1. Investment and operation contract, certificate of remittance, and real estate lease contract at the K head office;

1. Judgment on the request for provision of financial transaction information and each request for provision of financial transaction information and the defendant and his/her defense counsel

1. The alleged defendant and his defense counsel did not receive 20 million won from the victim as the cost of computer purchase, but as the defendant and the victim provided the food and beverage retail store and the PC transport program within the PC, and invested as the operating fund for the remodeling of the model house for the recruitment of the store and its subsequent business, and the defendant used it as the cost of remodeling as invested, etc., the victim as shown in the facts charged.

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