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(영문) 창원지방법원 밀양지원 2013.11.07 2013고단482
사기
Text

A defendant shall be punished by imprisonment for six months.

except 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 October 31, 2013, the criminal defendant against the victim B expressed that the victim B would trade scrap metal from the (ju) D office in which the defendant was working for the defendant who was working for the defendant who was working for the Gyeong-gun, and would supply the victim B with scrap metal generated after the face of 20 million won in advance.

However, even if the defendant received 20 million won from the victim, he was thought to use it for the defendant's living expenses and repayment of his obligation, so that he did not have the intention or ability to supply the scrap metal to the victim by depositing it in D.

The defendant, on November 2, 2013, from the victim, to the Agricultural Cooperative Account in the name of the defendant E on November 2, 2013, and the same month.

6. It has been issued 10 million won to the same account;

As a result, the defendant deceivings the victim and received 20 million won over twice.

2. Around May 14, 2012, the Defendant made a call to the Victim F to the victim F, saying, “If an auction item exists, he/she would give three times the profit after 110 days thereafter.”

However, even if the defendant received investment money from the victim, he did not have the intent or ability to invest in the auction goods, and there was no ability to pay 3 times the profit after 110 days.

The Defendant received money from the victim on May 17, 2012 from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Application of Acts and subordinate statutes to an investigation report (limited to bankbook copies, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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