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(영문) 부산지방법원 동부지원 2015.12.17 2015고단1763

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

The Defendant served as a loan consultant belonging to "C", which is an agency for loan business of one bank, located in the Nam-gu Busan Metropolitan Government, Han Bank's main office located in the Nam-gu, Busan Metropolitan City, and the victim D has been aware of in the course of providing loan counseling to the victim.

On February 25, 2011, the Defendant made a false statement to the effect that “The Defendant, at the Busan Southern-gu Busan-gu Office, is a safe investment vehicle due to the management of funds, such as a corporate passbook, etc., by one bank. In making an investment, the Defendant may receive two copies of interest equivalent to KRW 120-1.5 million per month as profits.”

However, in fact, the Defendant introduced an investment vehicle that the Defendant thought that the Defendant would have high personal profitability, instead of an investment vehicle managed by the Han Bank, and thus, was unstable. Even if the Defendant received money from the victim, it was thought that most of the money was used for personal purposes, such as the Defendant’s personal card payment, the refund of deposit, and the purchase price, and thus, there was no intent or ability to pay the money even if the money was paid.

Ultimately, the Defendant, by deceiving the victim as such, received 70 million won from the victim to the single bank account (Account Number: G) in the name of the Defendant on March 4, 2011.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D;

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

1. The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below), and the age, character and conduct, environment of the defendant, the motive and circumstances leading to the defendant to commit the instant crime, the means and results thereof, and the conditions before and after the commission of the crime.