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(영문) 부산지방법원 2014.03.27 2014고단247

사기

Text

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

Reasons

Punishment of the crime

On March 20, 2012, the Defendant made a false statement to the effect that “The Defendant purchased Y, which is a ship, anchored at the port of Busan, and supplied 550 tons of scrap metal by demolishing Y if 200 million won is paid.”

However, on February 21, 2012, the Defendant had no intention or ability to dismantle the said vessel and supply the scrap metal to the victim even if it was paid the scrap metal from the victim because the Defendant transferred the registered name of the said vessel to the Z around February 21, 2012.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him, is the same year from the victim.

3.20.A around 20.200 won received from the Defendant’s account in the name of the Defendant’s wife.

On January 2, 2013, the Defendant presented to the victim a sales contract of AB, which is a ship, at the same place as before and after the preceding paragraph, and falsely stated to the effect that “AB purchased a ship, and if 200 million won are paid for the scrap metal, it would dissolve AB to deliver 1,00 tons of scrap metal.”

However, at that time, the Defendant paid KRW 480,000,000,000 of the purchase price of KRW 84,000,000 to the Defendant, and the remaining KRW 360,000,000,00 was offered as security a ship registered under the name of AA, the Defendant’s wife. However, even if the said AC was not granted the permission of AD, even if the said AC was dismissed, there was no intention or ability to supply the scrap metal to the Defendant.

Nevertheless, the Defendant, by deceiving the victim as above, received 200 million won from the victim to the account in the name of AA, the wife of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning the protocol of police statement to theO;

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

1. The Criminal Act among concurrent crimes.