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(영문) 부산지방법원 2013.11.27 2013고단3223

사기

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 30, 2012, the Defendant, on March 30, 2012, made a false statement with the victim D’s car parked in the front way of Ulsan-gu, Ulsan-gu, Seoul-gu, stating that “The Defendant shall repay the money to be promptly used to the victim within the early date, if it is necessary to lend the money.”

However, in fact, the Defendant did not have any intent or ability to repay money even if he borrowed money from the victim because it was not good for the Defendant, such as receiving hospitalized treatment as tuberculosis from the police officer on October 2010.

The victim deceivings the victim as such, and then acquired 1 million won from the victim as the loan money on the same day.

2. On April 10, 2012, the Defendant made a false statement to the effect that “On April 10, 2012, the Defendant would make a lot of profits if he imports and sells the boiler from using solar heat in China, from the agricultural cooperatives located in Man-dong, Busan, Busan, the Republic of Korea would make a lot of profits if he/she imports and sells it. First, the Defendant would make an investment of KRW 31,50,000,000 to import the boiler 50,000,000 won.”

However, even if the defendant received money from the victim and received money from the victim, such as agreed money for E, the defendant's hospitalized treatment expenses, living expenses, etc., the defendant did not have the intent or ability to receive the money from the victim.

As such, the Defendant, by deceiving the victim, received 12 million won from the Korean Cit Bank account (G) in the name of F, the Defendant scambling from the victim for the same day as the investment money of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Grade D among the protocol of interrogation of the police against the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on trading lists;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;