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(영문) 부산지방법원 동부지원 2013.11.27 2013고단698
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Attachment] On July 16, 2008, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Changwon District Court through the Changwon District Court on the part of July 16, 2008, and completed the execution of the sentence at the Busan Detention House on March 18, 2009.

【The Defendant, along with the fact that he was guilty, accessed the victim C who became aware of in the course of conducting a computer game in the cscam, removed money under the pretext of investment money, etc., and sentenced the victim to the false statement that “I would like to distribute twice the investment amount to profit in the future if I invest the funds in the process of promoting the business of the pet goods and the idea banking company, and to prepare a good place in the future.”

However, in fact, the defendant did not have the intent or ability to prepare a good job for the victim and distribute investment profits by running the business of pether goods or the idea bank business.

Nevertheless, at around 12:00 on November 15, 2010, the Defendant found the victim who works as a survey technician at the construction site of the E-built in Ulsan-gun, Ulsan-gun, Ulsan-gun, and conducted a false statement to the effect above, and subsequently, was issued a copy of a cashier's check of KRW 10,000,000 that he borrowed from the Busan Mutual Savings Bank.

From around that time to March 8, 2011, the Defendant received property or acquired property benefits equivalent to KRW 49,195,000 from the victim over 12 occasions, such as the entry in the list of crimes in the attached Table (However, each “Dong” of the aforementioned list Nos. 11 and 12 is the same as the annual 2).

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A detailed statement of ordinary deposit transactions (Seoul AFFD branch);

1. Details of the mobile phone request;

1. Previous convictions in judgment: Criminal records and investigation reports (the current status of personal identification and confinement) shall be applicable to statutes;

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