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(영문) 대구지방법원 영덕지원 2016.11.30 2016고단146
사기
Text

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

However, 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 March 29, 2015, the Defendant made a false statement to the effect that “The Defendant would purchase the F real estate of the victim D’s real estate manager E in North Korea-gu, North Korea-si, to purchase D-owned mobile pension 4 Dong 20 million won. The price would be paid by May 29, 2015.”

However, the defendant did not have the intent or ability to pay the price even if he purchases a mobile pension from the victim.

On April 2015, 2015, the Defendant: (a) by deceiving E; (b) received 4 mobile fences worth KRW 20 million at the market price owned by the victim, from E; and (c) received from the Defendant.

Accordingly, the defendant, by deceiving E, obtained the victim's property by deceiving E.

Summary of Evidence

Defendant’s legal statement

E’s written statement of statement G concerning E is written complaint, written statement of fact confirmation (a statement of statement of a suspect), investigation report (a confirmation of contents of statement of a suspect), investigation report (a confirmation of written agreement submitted by a suspect), investigation report (a document attached to an investigation report), investigation report (a document attached to a document related to the facts that have not been loaned), investigation report (the attachment of documents related to the intention and capacity of a suspect), investigation report (the counter confirmation of the owner of a building), investigation report (the counter confirmation of the owner of a building of a suspect), investigation report (a confirmation of the party against the owner of a building of a suspect), investigation report (a statement of the suspect’s violation of the Labor Standards Act), attachment of investigation report (a statement of the suspect’s violation of the Labor Standards Act), and the reasons for sentencing under Article 62-2 of the Criminal Act of the suspended sentence of Article 62-2 of the Criminal Act [the determination of a sentence] The defendant’s capacity to obtain imprisonment or imprisonment with labor from the victim [the victim’s capacity to obtain imprisonment with labor]

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