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(영문) 부산지방법원 2012.12.05 2012고단7861
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2.Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On November 201, 201, the Defendant made a false statement to the victim C at the Seocho-gu Busan, Busan, stating that “I will make payment after one month if I lend the business funds in the present progress to the victim C.”

However, in fact, the defendant did not have any specific property and did not have any intent or ability to repay the business plan even if he borrowed money from the victim.

Around the 4th day of the same month, the Defendant received from the victim a cash of KRW 10 million from the victim, and a cash of KRW 10 million from the national bank account in the name of D designated by the Defendant on the same day, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to details of transactions);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of imprisonment with prison labor chosen;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the fact that the crime is recognized and the victim expresses his intention not to punish, etc.) or more;

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