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(영문) 대구지방법원 2019.06.20 2019고단1737
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

The Defendant was a person who served as a staff member in charge of supply at the Hong-dong business office, from around 2012 to June 30, 2017, and has transacted with the supply of fruit to the "Dart" operated by the victim C (V) from June 30, 2017.

Around March 30, 2017, in the Daegu Dong-gu, Daegu-gu, stating that “Around March 30, 2017,” the victim made a false statement to the effect that “I will pay interest at 2% of the interest after the month when I borrowed money from a company that supplied the company’s products that is not well-paid.”

However, in fact, the defendant is not well-paid by the customer who supplied the product at the Dispute ResolutionB, so the outstanding amount is increased. Unlike the above business, in the course of concurrently carrying out the business of purchasing and selling the consumer products such as raw water at the wholesale store in addition to the above business, the defendant was in a situation that is financially difficult to pay 450 million won to the financial institution, etc., and the retirement benefits were not paid out of the above company by interim settlement, and there was no intention or ability to pay the borrowed amount as agreed upon by the victim, even if he borrowed money from the victim.

Nevertheless, by deceiving the victim as above, one sheet of per unit of 20 million won issued by the victim on the same day from the victim (F), the same year

4. 30.Around 30.20.30.30.20.000 of the number of shares per victim's issuance in the same manner, one (G), and the same year.

5. Around 31.31. Around the same manner, the victim received 16 million won per unit of the issuance of the victim, respectively, one sheet (H) of the total number of units per unit.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to C by the police;

1. One sheet of the loan certificate, the number of units per one and one sheet of the number of units per one;

1. Debt certificates, debt certificates, debt certificates for the principal obligation, debt certificates, debt certificates for the principal obligation, and financial transaction situation certificates;

1. Application of Acts and subordinate statutes to investigation reports (the submission of additional statement of number of shares by a complainant);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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