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(영문) 부산지방법원 2013.08.21 2012고단9883
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On April 14, 2008, the Defendant was sentenced to a suspended sentence of two years for embezzlement in the Busan District Court's branch court's imprisonment on October 10, and the above judgment became final and conclusive on the 22th of the same month.

1. On March 26, 2007, the Defendant made a false statement that “The Defendant would receive a deposit for lease from the victim F, who is the mother of the D’s wife located in the Busan Northern-gu Seoul Northern-gu, by making a phone call from the above D’s wife E, to the victim F, who is the mother of the D’s wife.”

However, in fact, the defendant did not run the existing business, and there was no certain amount of income, and accordingly, he did not receive a refund of the deposit on the wind to deduct the monthly rent from the deposit because he did not pay the monthly rent from time to time, and since personal debt was a large amount at the time, there was no intention or ability to pay the deposit even if the defendant borrowed money from the victim in order to use it as the repair cost.

The defendant deceivings the victim and received 15 million won from the victim to the account in the name of the defendant on the same day under the pretext of borrowing money.

2. On April 16, 2007, the Defendant made the phone call to the above F at the place referred to in the preceding paragraph, and made a false statement to the effect that “The Defendant would receive the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit.”

However, in fact, even if the defendant borrowed money from the victim for the same reason as the preceding paragraph, he did not have the intention or ability to repay it.

The defendant deceivings the victim and received 20 million won from the victim to the account in the name of the defendant on the same day under the pretext of borrowing money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. The protocol of prosecutorial statement concerning F;

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