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Reasons
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(영문) 대구지방법원 안동지원 2015.08.04 2015고단224
사기
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1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On February 5, 2013, the Defendant made a false statement to the victim D, within the C coffee shop located at permanent residence B on February 5, 2013, stating, “If the purchase cost of materials is insufficient, the Defendant would return the principal amount of KRW 14 million and the profit of KRW 7 million until February 28, 2013.”

However, in fact, the Defendant did not operate the case holding company that supplied electric poles and street lamps at the time, and the amount of KRW 10 million should be paid for each month by means of credit cards, financial institutions and personal debt, etc., so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay it.

The Defendant, by deceiving the victim as above, received KRW 14 million from the victim’s account in the name of the Defendant on the same day.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On March 15, 2013, the Defendant, who committed the crime of March 2013, 2013, made a false statement to the effect that “Around March 30, 2015, the Defendant would complete full payment of KRW 29 million by April 30, 2015, with the loan of money up to KRW 15 million, out of KRW 30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000 won

However, the defendant did not have any idea to use the above money to obtain the money, and even if he borrowed money from the victim due to a large amount of debt as stated in Paragraph 1, he did not have any intention or ability to pay the money.

As above, the Defendant received delivery of KRW 15 million in total from the victim by deceiving the victim, and by delivery of KRW 2 million on March 13, 2013, and KRW 13 million on March 15, 2013 to the account under the name of each Defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement with respect to G and H.

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