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(영문) 부산지방법원 2015.05.21 2014고단10069

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 18, 2011, the Defendant was sentenced to three years of imprisonment with prison labor at the Busan District Court for fraud, etc., and the judgment became final and conclusive on February 26, 2011.

The Defendant, from June 1, 2006 to October 1, 2009, made a false statement to the effect that the manufacturer of automobile parts located in Yangsan-si: (a) the operator of the manufacturer of automobile parts located in Chungcheongnam-si; (b) on September 1, 2008, on the part of the victim F, who operated the scrap metal wholesaler E in Busan-dong, at the Busan-do Sosan-dong cafeteria-dong cafeteria-dong, the victim F, who operated the scrap metal wholesaler E, would supply the scrap metal equivalent to KRW 150 million each month; and (c) on September 1, 2008, the Defendant would supply the scrap metal when leaving KRW 150 million.”

However, at the time, the Defendant bears the obligation to return the amount of KRW 830,000,000 to the Korean bank as an advance payment, and to the scrap metal business operator who has traded from the previous, the Defendant had to pay KRW 230,000,000,000,00 which was received as an advance payment. On the other hand, the monthly revenue alone was in a situation where the employees of the buckbucks were not properly able to pay the above company’s debt, and thus, the Defendant had the intent to receive money from the victim and to use it as the employee’s wages and settlement payment, and

As above, the Defendant, by deceiving the victim as above, received from the victim the total sum of KRW 150 million on October 16, 2008 from the victim as a security deposit, and obtained on October 20, 2008, KRW 75 million on October 20, 2008 from the victim, and acquired the total sum of KRW 150 million.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. A copy of a bankbook, receipt, each written notification, a copy of a bankbook, etc.;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act