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(영문) 부산지방법원 동부지원 2014.10.30 2013고단2195

사기

Text

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

Reasons

Punishment of the crime

1. On November 30, 2009, the Defendant made a false statement to the effect that “The Defendant would sell the main household to the customer on credit and pay the price after selling it to the customer,” by phoneing the victim B from Samsung Heavy Industries Co., Ltd. located in the new Si-Saon-si, New-si.

However, the defendant did not have the intention or ability to pay the price even if he received the price from the victim, because he had the intention to use the price for personal purposes, such as repayment of debt and investment in stocks, after being supplied with the household from the victim.

The Defendant received from the victim the delivery of the main household equivalent to KRW 3,519,80 from the victim of Jinju-si, Jinju-si, C apartment 102 to KRW 902 to KRW 3,519,800 at around that time, and received the delivery of the main household equivalent to KRW 47,280,80 from the victim in the foregoing manner as described in attached Table 15 times from the date and time to March 11, 2010.

2. On September 6, 2011, the Defendant made a false statement to the effect that “The Defendant shall pay off all the money payable and borrowed from the money that the Defendant borrowed from the money that the Defendant borrowed from the money that the Defendant borrowed, if the Defendant borrowed, due to a shortage of business funds.”

However, in fact, the defendant did not have any intent or ability to pay money from the victim even if he borrowed money from the victim because the defendant received money from the victim for personal purposes such as repayment of debt.

The Defendant received 3 million won from the victim to the bank account in the name of E on the same day.

In addition, from the above date to November 16, 201, the Defendant received a total of KRW 35,500,000 from the victim over 10 times, as described in the List of Crimes as above, by the said method.

Summary of Evidence

1. The prosecutor's statement concerning B;

1. Each investigation report;

1. Application of details of transactions and statutes concerning details of transactions;

1. Criminal facts;