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(영문) 부산지방법원 2014.10.27 2014고단6942

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On April 25, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and ten months at the Busan District Court for fraud, and the above judgment was finalized on August 30, 2014.

【Criminal Facts】

On March 13, 2012, the Defendant made a false statement to the victim E at the office of the company located in Gangseo-gu Busan Metropolitan City, stating that “The amount of 200 households secured by the D company’s investment in Hong Kong Marine Bank to purchase through through the D company’s purchase will bring about a profit at least one billion won per each household, and the amount of 5 million won per each household will be repaid by November 30, 201 of the same year if the Defendant borrowed money.”

However, at the time, the Defendant had no intention or ability to pay the price even if he borrowed money from the victim because he had a debt equivalent to about 2-300 million won at the time. The Defendant did not have any intent or ability to pay the price even if he borrowed money from the victim because he had no intention or ability to pay the price.

The defendant shall belong to the defendant on March 13, 2012 from the victim for the purpose of borrowing money from him/her, and the same year.

3. 27. 8 million won, and the same year;

3. 28.10 million won, and the same year.

4. 25.3 million won, and the same year;

4. 26.10 million won, and the same year.

5.3. 10 million won, and the same year;

6. 22.10 million won, and the same year;

9. 18. 39 million won, and the same year;

9. The total amount of 96 million won was issued on 27.3 million won.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Cash custody certificate, a detailed statement of deposit transactions, and a statement of performance;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The fact that the crime of this case corresponds to the latter part of Article 37 and Article 39(1) of the Criminal Code dealing with concurrent crimes, the fact that there is no agreement with the victim, the fact that the crime of this case constitutes the latter concurrent crimes of Article 37 of the Criminal Code, and the defendant is against the law.