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(영문) 부산지방법원 2014.08.12 2014고단1969

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 1, 2012, the Defendant made a false statement to the victim E, “D” office located in Busan So-gu, Busan, stating that “When making an investment, the Defendant would receive the sales slip from KRW 10,000,000,000 from KRW 2,000,000,000 per month, and would return the invested principal if making a profit.”

However, in fact, the defendant did not have to pay 10 million won per month due to the sale of clothes, and even if the victim sells clothes, he did not think that he would pay cash with other goods, such as clothes, even if he sells his clothes. The defendant did not have the intent or ability to return the investment money to the victim even if he did not make profits even though he did not make profits because he did not have any income or assets that he had at the time.

Accordingly, the Defendant, by deceiving the victim as such, received KRW 4 million from the victim on October 1, 2012, KRW 500,000 from the victim, KRW 500,000 on October 12, 2012, and KRW 500,000 on October 17, 2012, respectively, and received KRW 5 million from the victim as investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol of examination of partial suspect against the accused by the prosecution (including E statements);

1. Each police statement of E;

1. Application of Acts and subordinate statutes to copies of cash custody certificates;

1. Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning the applicable criminal facts and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.