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(영문) 창원지방법원 2015.02.10 2014고단2196

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is between the victim C, D, E and the workplace partner, and there was a debt relationship such as borrowing money and paying interest to the victims from that time.

On June 2013, the Defendant made a false statement to the victim C, stating, “In the course of converting the sale of an unpermanent rental apartment located in the Gimhae, the Defendant may obtain profits from the market price following the conversion of the apartment after the conversion into the sale of the apartment, and if there is money, there is a rental apartment from the sale of the apartment at the beginning, it will be invested. If there is money, 10 million won will be paid.”

However, at the time of fact, the defendant is liable for a large amount of debt to many people, and the defendant paid the above amount with the above money, and there was no intention or ability to purchase the above rental apartment.

As above, the Defendant, by deceiving the victim C, received KRW 28 million from the Defendant’s national bank account (F) on June 12, 2013 from the victim C as investment money, as well as received KRW 28 million from the Defendant’s national bank account (F) around that time, from around that time to January 6, 2014 by the following method: (a) was transferred to the said national bank account, or transferred the amount equivalent to KRW 154.5 million in total five times from that time to January 6, 2014, to the said national bank account or converted the existing debt into the name of investment money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C, D, and E;

1. Preparation of a recording record and report on recording, investigation report (a summary of the statement of video recording);

1. Application of Acts and subordinate statutes to the details of savings deposit transactions and respective details of transactions;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

2. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] General Fraud / [the scope of recommending punishment] under types 2 (at least KRW 100,00,000, less than KRW 500) and the basic area (8-4 years): The aggregate of the concurrent crimes in the same kind has been punished several times for the same kind of crime.