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(영문) 부산지방법원 동부지원 2014.08.11 2014고단973

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 27, 2013, at a place where a place is unknown, the Defendant made a false statement to the victim M who became aware of at the Internet music broadcasting site, “The monthly wage dispute is an article and difficult, and the Defendant borrowed money on the security of the vehicle, and then received interest therefrom. If NN-owned BMW520D automobiles are used as security and borrowed 45 million won to N, the Defendant would pay 7% as monthly interest, and the principal will be repaid in full after three months.”

However, even if the defendant borrowed money from the victim from the beginning, he was thought to use it for personal debt repayment, etc., and there was no idea that the victim would provide BMW520D car as security, so there was no intention or ability to pay it to the victim.

Around May 27, 2013, the Defendant, by deceiving such victims, transferred KRW 1,00,000 to the Busan Bank Account in the name of O to such Busan Bank Account, and received KRW 36,350,000 through six times from May 28, 2013, and KRW 4,50,000 from Q to the Agricultural Bank Account in the name of P.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of M;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;