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(영문) 부산지방법원 2017.11.22 2016고단4336

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On December 12, 2006, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and terminated the period of imprisonment at the Busan District Court on September 4, 2007, and on December 12, 2012, the Changwon District Court was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the judgment became final and conclusive on June 20, 2013.

On June 15, 2010, the Defendant developed tin acid to the victim C at the infinite coffee shop near Jinju-si, the other party of Jinju-si on June 15, 2010, “I will exclusively supply the stones generated from tinsan to the Party, on the face of the State, KRW 300 million.

I would like to purchase tinsan land and establish a collateral security at the same time so that it will not be problematic to receive future deposits.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant did not make profits from the development of tinsan at the time, and did not have any economic difficulties, such as delayed payment of wages of the on-site workers, while running a business with money borrowed from tinsan, etc., and did not have enough means to purchase tinsan land, and thus, it was not possible to establish a mortgage on the victim because tinsan land was not enough to purchase tinsan land. Therefore, even if tinsan land was received money from the victim as a security deposit, there was no intention or ability to return

The Defendant received KRW 20 million, including KRW 20 million, around June 18, 2010; KRW 30 million, around June 21, 2010; KRW 100 million, around June 22, 2010; KRW 10 million, around July 6, 2010; and KRW 40 million, around August 14, 2010.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A petition for complaint and accompanying documents;

1. Previous convictions: Criminal history analysis, such as inquiry of criminal history and investigation reports (suspects' frauds), and criminal history analysis.