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(영문) 창원지방법원 통영지원 2020.02.11 2019고단1400
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around June 5, 2018, the Defendant: (a) at the D coffee shop operated by the victim C in Seocheon-si, Seocheon-si; (b) on May 5, 2018, the Defendant stated that “it would be more likely that the Defendant will conduct wholesale and retail business rather than coffee shop; (c) the Defendant will provide the victim with dryer and retail business at the location; and (d) it is necessary to purchase air conditioners and to purchase materials necessary for indoor decoration at a lower price than the E Union unit price, and then, to first demand one million won.”

However, even if the defendant received money from the victim, he did not have the intention or ability to deliver the money to F, who is a man-made fishery, or to purchase cooling.

Nevertheless, the Defendant deceiving the victim as above and received KRW 1 million from the G bank account (Account Number: H) in the name of the Defendant for the purchase cost, including air conditioners, around June 5, 2018.

Around June 8, 2018, the Defendant called, “In order to open a house in the middle order of July,” the Defendant called, “In order to open the house in the middle order of July, it is necessary to keep the destroyed house in the air space at present.” At present, there is an excessive amount of the destroyed house and there is an excessive amount of the destroyed house and there is a difference between the destroyed house and the destroyed house.”

However, even if the defendant received money from the victim, he did not have the intention or ability to purchase the destroyed goods.

As above, the Defendant, by deceiving the victim as above, received KRW 9 million from the G bank account (Account Number:H) in the name of the Defendant on or around the 8th day of the same month for the purchase of the destroyed goods.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. An investigation report (related to the summary of the I Call Statement for Witnesses) and an investigation report (related to the summary of the statement made by the party for reference J);

1. Application of Acts and subordinate statutes to personal financial transactions (influences), investigation reports (influences of places where a suspect has received money from an complainants);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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