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(영문) 창원지방법원 통영지원 2015.08.25 2015고단321
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around May 26, 2012, the Defendant committed the crime against the victim B, stating that “I would like to purchase a hole” in the D-B hole for the operation of the victim in Tong Young-si, Tong Young-si, and that “I would like to purchase a hole within a week” was paid KRW 3 million out of the price, and was committed as if the Defendant would be able to pay the price even if the Defendant continues to engage in continuous transactions in the future.

However, at that time, the Defendant had almost no income, and there was no intention or ability to pay the price even if the Defendant purchased a hole from the victim because of economic circumstances, such as the personal damage and the amount of KRW 200 million.

Nevertheless, around May 26, 2012, the Defendant received 47 households at a hole equivalent to KRW 5,170,000 from the victim. On June 4, 2012, the Defendant received 40,000 from the victim and acquired 40,000,00 won in a hole amounting to KRW 9,570,00 in total.

2. Around January 5, 2013, the Defendant committed a crime against the victim E, saying, at the G coffee specialty store located in Tong Young-si F, that “I would make sure that I would make a settlement if I would make a active transaction.” On two occasions, I would like to pay 16 million won out of the price, and even if I would make a continuous transaction in the future, I would like to be able to pay the price even if I would make a continuous transaction.

However, there is no intention or ability to pay the purchase price even if the victim purchases active terms as described in the above Paragraph 1.

Nevertheless, the Defendant obtained the active terms equivalent to KRW 59,574,00 in total market price from January 8, 2013 to February 2, 2013 from the victim, and acquired them by deception on five occasions.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning E and B;

1. Each report on investigation;

1. Application of the provisions of Acts and subordinate statutes to the details of entry and departure transactions, account books, and certified copies;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The Criminal Act among concurrent crimes.

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