beta
(영문) 부산지방법원 2016.07.14 2016고단438

사기

Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

[criminal records] On August 31, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Ulsan District Court, and the parole period was expired on March 29, 2013 during the execution of the sentence at Busan District Court. On May 3, 2013, the parole period was expired. On September 25, 2015, the Ulsan District Court sentenced two years of imprisonment with prison labor for a crime of violating the law of defense and became final and conclusive on June 23, 2016.

[2] The Defendant was aware of the facts constituting a crime in the Republic of Cambodia from C to the part of the citizen desired forum activity, and was aware of the victim D who carries on a business in Cambodia to acquire Cambodia's nationality for business convenience and acquired money by deceiving the victim.

On November 2014, the Defendant shall be able to obtain the citizenship of Cambodia from the victim through C at the Office of the Desirary Forum Headquarters located in Yangsan-si.

There is a need to keep people in Seoul.

“Falsely speaking,” and sent 30 million won to the victim of the above office on December 2, 2014, “The victim shall have the right to citizens in a reliable manner.”

different types.

If you know well, you will sell 5 sporespores to repay even if they are sold.

The phrase “ makes a false statement.”

However, even if the Defendant received the above money from the injured party, such as there is no specific method to enable the injured party to acquire the citizens' rights in Cambodia, the Defendant did not have the intent or ability to acquire the citizens' rights in Cambodia, and there was no intention or ability to pay the damages because the Defendant did not have any Poston owned by the Defendant.

As such, the Defendant, by deceiving the victim, received KRW 2 million from the injured party on November 23, 2014, and received KRW 32 million on December 3, 2014, and acquired KRW 32 million on December 3, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the E substitute part);

1. A protocol concerning the interrogation of suspects of E;

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

1. The details of passbook transactions and account transactions;