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(영문) 대구지방법원 서부지원 2017.10.18 2016고단2433
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On July 201, 201, the Defendant: “E” operated by the victim D with a 2nd class 94 of the Daegu C-gu 5 District 5 District 2nd 5 District 2nd 94; and “the victim is 50 million won to take over the salary supply site.”

If an investment of KRW 50 million is made, it is expected that the inside of the house will be improved by operating it well.

In the last time, the “a person who will operate a factory even after the retirement of the C market” was made a false statement.

However, the defendant did not have a plan to accept the salary provision at that time, and even if he received money from the injured party, he thought that he would be used to repay the defendant's obligation, so he did not have an intention or ability to pay the principal and profit to the injured party by operating the salary provision.

On July 28, 201, the Defendant deceptioned the victim as such, and was given KRW 50 million in total to the Daegu Bank Account under the name of the Defendant around July 28, 201 from the victim as investment money.

2. The Defendant, at the same place as around June 2012, at the same time as that of No. 1, has a great benefit in making the Victim to fulfill all the group uniforms related to “a salt factory, one more influor, color, and fluoring.”

Most of the amounts can be appropriated for the importation, etc. of the existing salary-processing factory, and the amount of machinery entering the factory is the amount of KRW 8 million borrowed, which is false.

However, in fact, the defendant did not have the plan to take over the salt plant at that time, and even if he received money from the injured party, he did not have the intention or ability to pay the borrowed money to the injured party.

Around June 7, 2012, the Defendant, by deceiving the victim, received KRW 7.2 million in total from the Defendant’s agricultural bank account under the name of the Defendant, and KRW 8 million in cash around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspect against a part of the defendant by the prosecution;

1. The defendant;

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