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(영문) 부산지방법원 2014.02.05 2013고단8174
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 20, 2012, the Defendant made a false statement to the effect that “A victim C borrowed 40 million won to D’s husband E, but this money was given first to E., the Defendant has to pay off the money. The Defendant borrowed 11 million won to E, so that there is a difference between 29 million won and 29 million won.”

However, even if the above money was borrowed, there was no intention or ability to repay it to the victim.

As above, the Defendant, by deceiving the victim as above, received 29 million won from the victim to the bank account (G) in the name of the defendant under the name of the victim for the purpose of borrowing from the victim.

2. On January 27, 2012, the Defendant made a false statement to the victim C, stating, “The E president has no money to pay the value-added tax imposed at the time of the operation of H, if he/she lends five million won, he/she shall pay the value-added tax to the victim, and five million won shall be repaid if he/she lends her money to the Fund.”

However, even if the above money was borrowed, there was no intention or ability to repay it to the victim.

Around February 10, 2013, the Defendant, by deceiving the victim as above, received five million won from the Korean bank account as stated in paragraph (1) in the name of the Defendant from the victim to the money borrowed.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect against the defendant (including part concerning the C replacement);

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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