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(영문) 부산지방법원 2016.01.20 2015고단1152

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On June 30, 2010, the Defendant: (a) at the construction site office of the E-Cvalescent Hospital located in Busan, Daegu, Busan, the Defendant: (b) the victim F should have a director around June 30, 2010; and (c) the deposit that the Defendant would receive at the house previously living is paid the following day.

If the pre-tax deposit is lent 20 million won to the director's house, the following day was false as follows: "The pre-tax deposit will be paid immediately after receiving the pre-tax deposit from the previous owner."

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to receive the deposit and repay it in accordance with the agreement.

Accordingly, the Defendant, as seen above, was accused of the victim, and was remitted from the victim to the account under the name of the Defendant, i.e., the victim.

2. On July 26, 2010, the Defendant, at H hotel coffee stores located in Jung-gu, Busan, stating that “Around July 26, 2010, the Defendant purchased a large amount of money from the victim F, who borrowed KRW 30 million from the loan to the victim F, and that he/she will repay the money with KRW 20 million prior to the loan.”

However, the defendant did not have the intent or ability to repay the borrowed money under the pretext of the borrowed money for the purchase of shares.

Accordingly, the Defendant deceivings the victim as above and received 30 million won from the victim to the account under the name of the Defendant, namely, from the victim.

Summary of Evidence

1. Statement by the defendant in court (the fifth public trial date);

1. Each legal statement of witness F and I;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police with respect to F;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the following favorable circumstances) of the suspended sentence;

1. The sentencing criteria [the range of recommending punishment] General Frauds Type 1 (the treatment of concurrent offenses by less than KRW 100 million: the treatment of identical concurrent offenses) are mitigated (one month to one year).