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(영문) 대구지방법원 경주지원 2013.12.10 2013고단403
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

On January 15, 2010, the Defendant joined the winning bid system organized by the victim E in the “Dda” located in the racing-si.

The successful bidder's 15 members paid the total amount of KRW 2 million each month, and if the total amount of KRW 30 million is collected, the person who recorded the highest interest among the members of the fraternity who received the highest interest was operated to receive the amount as much as the amount obtained by deducting such interest.

At the time of joining the above successful bid, the Defendant was liable for the F with an amount equivalent to KRW 15 million, and was in office as a loan for entertainment establishments, and there was no other income, and there was no intention or ability to continue to pay the fraternity even if he received the fraternity by joining the above successful bid.

Nevertheless, the Defendant, as if he were to faithfully pay the deposit amount, had the victim by deceiving the victim, subscribed to the said successful bidder, and paid the deposit amount of KRW 8 million over four times from April 15, 2010, and received the deposit amount of KRW 20,200,000 from May 15, 2010.

On June 29, 2010, the Defendant additionally paid KRW 2 million and KRW 2 million on August 18, 2010, and did not pay the remainder of KRW 18 million, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each prosecutor's protocol of examination of the accused

1. The prosecutor's office and the police's statement concerning E;

1. The police statement concerning G;

1. Each notarial deed;

1. List of members of the fraternity;

1. Account details;

1. Application of Acts and subordinate statutes to an investigation report (the details of debts of a suspect at the time of receipt of the fraternity);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act; Article 62 (1) of the same Act; Article 62 (1)

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