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(영문) 부산지방법원 2018.08.28 2017고정2392
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 9, 2016, at C Hospital located in Suwon-gu Busan, Busan, the Defendant purchased goods from the victim D to purchase them in China and 50% back from the Republic of Korea.

A false statement was made to the effect that the said investment would pay 20 to 30% of the profits as the profits.

However, the defendant did not have been engaged in trade business in China since around 2010, and even if he received investment money, he purchased goods in China and did not have the intent or ability to pay the principal and the profits of the investment to the victim within the agreed period.

Nevertheless, the Defendant, by deceiving the victim and deceiving the victim, received 3.5 million won from the victim to the account as investment money and expenses around September 24, 2016, and acquired 10,200,000 won in total on four occasions from around that time to October 2 of the same year, as shown in the list of crimes, from around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a copy of a bankbook and a certificate of investment money;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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