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(영문) 부산지방법원 2012.06.05 2012고단1963

사기

Text

A defendant shall be punished by a fine of 10 million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On July 20, 2011, the Defendant: (a) around the 10th floor management office of the 7th floor Epiced of the 7th floor Epiced of the 7th floor; and (b) around July 201, the Defendant provided that the victim D (the 32 years of age) will transfer the epiced room when paying the sum of KRW 15 million to the victim D

However, in fact, since the Internet laver phenomenon occurred frequently, the above laver did not notify the victim of the fact, even though it was impossible to properly conduct the laver business due to the lack of customers' resistance or use due to the lack of customers.

As such, the Defendant was given the Defendant a total of KRW 15 million by deceiving the victim and receiving KRW 13.2.8 million from the Defendant’s bank to the Defendant’s passbook under the pretext of houseing and premiuming in the place of such deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness D, F and G;

1. Application of the Acts and subordinate statutes of the inquiry table requesting the details of unfair transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The assertion ① Even if the Defendant did not exist or existed at the time of transferring the instant scambling business to the victim, the Defendant did not deceiving the victim since it was merely an ordinary level.

(2) The foregoing shall not apply.

Even if the defendant received the premium in return for the transfer of the cream of this case, it is remarkably low in light of the price of the cryp, so there is no damage suffered by the victim.

2. Determination

A. (1) On the factual basis acknowledged by the evidence duly admitted and investigated by the court, the statement of F and G, a part-time Earbians, who worked in the above C&C Bank over the period before and after the instant C&C transfer, is not only consistent with the statement of the victim, but also detailed and detailed.