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(영문) 부산지방법원 동부지원 2013.07.23 2013고단1642
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 became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2009, the Defendant leased 7th floor of the building located in Kimhae-si, Kim Jong-si to undertake the above party hall construction, and the victim C introduced E through E to take over the above party hall. The Defendant was introduced through E.

On November 2, 2009, the Defendant would have the victim operate the G hotel coffee shop located in the Busan Dong-gu, Busan, to operate the party room in the face of 15 million won.

‘False speech' was made.

However, the defendant should additionally receive KRW 30 million from E, but he thought that the victim would be able to operate the party hall. On September 2009, the defendant borrowed money from H as security for the party hall deposit, and even if he received KRW 15 million from the victim, he did not have the intention or ability to allow the victim to operate the party hall.

The Defendant received KRW 15 million from the victim, around November 3, 2009, from the victim, to the Defendant’s bank account (I) around 15 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes of transfer agreement;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the person has agreed with the victim, the fact that the person has no power to commit the same kind of crime except for the punishment once by a fine of small amount which has long been sentenced to a fine);

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