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(영문) 대구지방법원 경주지원 2015.01.29 2014고단471
사기
Text

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

Reasons

Punishment of the crime

1. On December 201, 201, the Defendant against the victim B, who was operated by the victim B at the end of the racing market, concluded that “The Defendant would acquire the multiple-face KRW 17 million in total, and the equipment cost of KRW 7 million,” from the victim “Dda” operated by the victim B at the end of the racing market.

However, in fact, the defendant did not have any intention or ability to pay the multiple receipts at the due date for payment.

Around January 4, 2012, the Defendant received the said tea from the victim on the same day, paid KRW 1 million on the same day, KRW 1 million on March 2012, KRW 1 million on the same day, and KRW 1 million on May 2012, and did not pay the remainder of KRW 14 million on the same day, thereby acquiring property benefits equivalent to the same amount.

2. On August 20, 2012, the Defendant made a false statement to the victim E in front of the Korea Agricultural Cooperative in the Seocho-gu, Simpo-Eup, Simpo-Eup, that “I would lend KRW 5,500,000 to the victim E [........] when the Hampo vessel gets to leave the port of the port of early departure, I would have sold the straw flag captured to the Simpo-gu, and would have repaid the Hampo immediately with the Hampo-si.”

However, in fact, the defendant did not have the intention or ability to immediately repay the borrowed money due to the absence of property and the burden of 14 million won of the borrowed money.

The defendant acquired 5.5 million won in cash from the victim's seat and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. Each complaint;

1. Application of the Acts and subordinate statutes of the agreement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent offenders, the sentence of punishment has not been made every effort to recover from damage or to reach an agreement until the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, taking into account the circumstances after the crime, but the statutory detention is not made to give an opportunity to reach an agreement.

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