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(영문) 부산지방법원 동부지원 2015.05.11 2014고정1833
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around October 2012, the Defendant said to the effect that, through B, the victim C is constructing a public parking lot for cargo vehicles in the Dong-dong and Dong-dong, 59 (Dong-dong)-ro 37, Busan Metropolitan Transportation Daegu Do-ro 37, and via B, the victim C is scheduled to operate the parking lot. On the completion of the parking lot facility, it is possible to grant the public official in charge of the operation of the parking lot to grant a full payment of the money by October 30, 2012, and to grant the right to operate the cafeteria at the same time when the above parking lot was operated.”

However, since the defendant did not have been entrusted with the operation of the above parking lot, it was not possible for the victim to be given the right to operate the restaurant in the above parking lot, and at the time, the defendant was a basic living beneficiary who received a large amount of debt from the victim due to a fine for negligence, tax delinquency, etc.

Around October 7, 2012, the Defendant received KRW 5 million from the victim to the agricultural bank account in the name of the Defendant’s wife D as above, and acquired KRW 21.5 million from that time to August 30, 2013 in total from that time, from August 30, 2013.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement C among the interrogation protocol (C and comparison) of the accused prepared by the prosecution;

1. Statement of statement C prepared by the police;

1. Statement of investigation report prepared by the prosecutor's office (report on telephone conversations including the circumstances in which a receipt of a certificate of borrowing five million won is received from the other party suspect B of this case);

1. Each description of an investigation report (to make telephone conversations for witnesses) and an investigation report (to make telephone communications with personnel, personnel, and telephone communications with the head of Si/Gun/Gu office) prepared by the police;

1. A copy of the certificate of transaction (Evidence No. 14), a copy of the receipt (No. 14), a copy of the certificate of deposit without passbook (No. 15 pages), a copy of the certificate of deposit without passbook (No. 15 pages), and a loan certificate;

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