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(영문) 부산지방법원 2014.05.19 2014고단1372
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On February 23, 2011, the Defendant was sentenced to two years of imprisonment for fraud in the Dong Branch of the Busan District Court, and the judgment became final and conclusive on May 17, 201.

[Judgment of the court below] On February 2, 2006, the defendant made a false statement to the victim C to the effect that "if a party prepares the land and building on the land for which the party is due, it will obtain profits by operating the house at home. It will divide profits together with profits."

However, the Defendant did not have any intent or ability to divide the profits by constructing and operating the security bank, even if the Defendant received the cost of purchase and construction from the victim of the security bank.

Ultimately, the Defendant, by deceiving the victim as above; KRW 5 million on May 3, 2006; KRW 5 million on May 4, 2006; KRW 30 million on May 9, 2006; KRW 15 million on May 12, 206; KRW 15 million on May 19, 2006; KRW 6 million on May 23, 2006; KRW 1.6.6 million on June 1, 2006; KRW 1.6.6 million on June 2, 2006; KRW 1.6.6 million on June 1, 2006; KRW 1.6.6 million on June 1, 2006; KRW 1.6 million on May 23, 2006; KRW 5 million on June 2. 1, 2006; KRW 6 million on June 1, 2006; and KRW 7 million on June 26, 2006.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, D, E, and F;

1. The defendant's partial statement in each interrogation protocol of the prosecution against the defendant;

1. Partial statement of each police interrogation protocol against the accused;

1. Each police statement of C or D;

1. A copy of a real estate sales contract, a copy of a loan deed, a copy of a passbook, a construction site photograph, and each description of transactions;

1. Previous convictions in judgment: Criminal records and investigation reports; and

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