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(영문) 대구지방법원 2017.08.17 2017고단90
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” in Daegu Northern-gu B.

1. On July 2014, the Defendant issued a false statement to the victim D’s head office “if there is 20 million won, she may have the son employed at the E head office.”

However, the defendant did not have any intention or ability to find employment for the victim's children in the above company because the defendant was merely a person who supplies the goods to E.

Around July 7, 2014, the Defendant, by deceiving the victim, received KRW 2 million from the Defendant Saemaul Bank account (Account Number:F) around July 7, 2014.

2. On July 2014, the Defendant, at the office of the above factory office in the Central Police Officer on July 2014, described the victim D to engage in the manufacture of mixing with the victim D, and is currently conducting direct trade with the large company SK.

If an investment of KRW 50 million is made, the amount of KRW 10 million in one month may be punished, and machinery in the factory shall own it.

‘False speech' was made.

However, in fact, the machinery of the above factory was not owned by the defendant by providing it as security for transfer by the change of possession to G. At the time, the defendant was thought to use it as security by receiving investment money from the damaged person for the repayment of his liability for the overdue amount of 74,747,00 won including unpaid tax amount of 23,049,00 won, and there was no intention or ability to pay profits by operating the factory.

The Defendant, as such, by deceiving the victim, received a delivery of KRW 30 million around July 18, 2014 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. The application of the loan certificate (12 pages of evidence), certificate of account details, reply letter, each investigation report (H telephone investigation, G telephone investigation, attachment of machinery-related litigation documents in C), judgment, text of a credit information inquiry and reply statute;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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