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(영문) 부산지방법원 2015.12.08 2015고단6411

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On January 15, 2013, at around 19:00, the Defendant stated that “A victim D may pay a lot of money for his own business, and if a oil company supplies oil to the company with the company with the company with the company with the company with the company with the company, it may be punished by softend money, and if it lends KRW 100 million to the company, the Defendant will give five million won per month interest.”

However, even if the defendant received money from the victim, he did not have the intention or ability to conduct the oil business.

On January 25, 2013, the Defendant received from the victim a cash of KRW 10 million and a check of KRW 38 million.

2. Around January 29, 2013, the Defendant made a false statement to the victim, stating, “The Defendant should deliver the name to the victim,” at the above place.

However, even if the defendant received money from the victim, he did not have the intention or ability to conduct the oil business.

On the same day, the Defendant received from the victim a copy of 52 million won check.

3. On April 26, 2013, the Defendant concluded that “Around April 26, 2013, the Defendant would first lend KRW 10,000,000,000 to the party head, with the borrowed money.”

However, the defendant had no intention or ability to pay the money already received from the victim even if he/she borrowed money from the victim for the use of the defendant's singing operation expenses.

On the same day, the defendant received 10 million won from the victim to the account in the name of the defendant for the purpose of borrowing money.

As a result, the Defendant, by deceiving the victim, received a total of KRW 110 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on transaction performance lists, copies of each passbook, and deposit certificates;

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

1. Selection of imprisonment with prison labor chosen;

1. There is no reflection of Article 62(1) of the Criminal Act, agreement with the victim and same criminal records in the suspended execution;