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(영문) 대구지방법원 2013.06.04 2011고단4990
사기
Text

Defendant

A, B, and D shall be punished by imprisonment for 8 months, and by imprisonment for 6 months, respectively.

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

Defendant

B A. On August 27, 2010, the Daejeon District Court was sentenced to one year and two months of imprisonment for fraud, etc. On May 26, 2011, the said judgment became final and conclusive, and Defendant D was sentenced to one year of imprisonment for fraud at the Seoul Western District Court on April 3, 2013, and the said judgment became final and conclusive on April 11, 2013.

On January 28, 2010, the Defendants made a false statement to the effect that Defendant D had made a telephone conversation with Defendant A, B, and C as they seem to have concluded a contract for the removal of the Gansan Factory with Defendant A, and Defendant A, B, and C had entered into a contract for the removal of the Gansan Factory with the victim H, and (i) would allow the corporeal movables located in K to be purchased within one week.”

However, the Defendants did not have any intention or ability to transfer the corporeal movables of the said corporeal plant even if they received money from the victims.

As above, the Defendants conspired in collusion with the victim to deception him and to deception him as down payment from the victim on January 28, 2010, KRW 45 million on or around January 28, 201, KRW 5 million on or around the 29th day of the same month, and the same year.

2.4.Around April, 2000, a total of KRW 100 million was received.

Summary of Evidence

1. The statements of witnesses and H in the sixth trial records;

1. Statements and records of witnesses M in the seventh trial records;

1. The statements made by witnesses A and B in the seventh trial records (limited to accused D);

1. A protocol concerning the examination of suspect against the defendant B (limited to the case of the defendant A and B);

1. The statement of H in the police interrogation protocol against the defendant A;

1. A protocol concerning suspect interrogation of the defendant C (limited to the defendant C);

1. Each police statement about H, M, or L;

1. A sales contract for corporeal movables (No. 7 of the Investigation Record), a contract and a confirmation document (No. 9 of the above record), a corporate purchase advisory contract (No. 14 of the above record), a payment confirmation (No. 19 of the above record), and a standard contract for each construction work.

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