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(영문) 부산지방법원 2015.12.08 2015고합363

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

around October 2012, the Defendant became aware of the victim F who visited the Defendant as a customer from the “E” of the Defendant’s operation of the Defendant located in the Busan Dong-gu, Busan.

On December 2, 2012, the Defendant: (a) was in the office room located in the early police room located in the Government-Si of Maman on 12, 2012; (b) the Defendant was unable to engage in the business of the husband of the victim; (c) and (d) was unable to engage in the business of the victim, thereby making the victim pay money to the victim; and (d) there is a person engaging in the business of bonds in the course of having the right to receive the payment of money; and (e) the Defendant would receive money from the person engaging in the business of bonds with the money; and (e) would pay 3% interest per month. The principal was false to the effect that he would make a payment after two

However, even if the defendant received money from the victim, he did not have any idea to pay the victim a profit for the bonds by investing in money to the person operating the bond business, and there was no idea to pay the victim a profit for the bonds. Since the debt 80,000,000 won borrowed from the person who was at the time, the defendant used the money received from the victim for personal debt repayment, living expenses, etc., and some of the victims thought that the victim would make a false profit every month, so even if he received the money from the victim, he did not have any intention or ability to return

Nevertheless, on December 26, 2012, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim to the Busan bank account in the name of G on December 26, 2012, and acquired it by transfer of KRW 519,00,000 in total from March 18, 2014, from that time until March 13, 2014, such as the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. The part concerning the questioning of the defendant in F in the second interrogation protocol against the defendant;

1. Protocol concerning the examination of suspect of G;

1. Statement of the police statement concerning F;

1. Details of each account transaction, remittance certificate, details of each interest payment, and reply to requests for the provision of financial transaction information;