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(영문) 부산지방법원 동부지원 2017.06.07 2017고단497
사기
Text

A defendant shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

1. On September 2014, the Defendant, around September 201, lent KRW 10 million to the victim B a monthly interest rate of KRW 10 million in a mutually influorial restaurant located in Busan-gu, Busan-do. on or around September 2014.

“A false representation was made.”

However, the defendant did not have any intention or ability to pay interest every month or to pay principal because he did not think of his personal debt by borrowing money from the victim at the time of the damage, and did not have any other intention to purchase the vehicle, and there was no special property or income.

On September 23, 2014, the Defendant, by deceiving the victim as above, received 9.7 million won, excluding the prior interest and KRW 300,000,00 from the victim as the borrowed money, and acquired it by defrauded.

2. On December 2014, the Defendant would purchase the purchase price of KRW 15 million in the name of D, which the Defendant knows in the state of bad credit standing, at around December 2014, in the victim’s residence located in Busan Island-gu C.

“A false representation was made.”

However, even if the defendant received the above purchase price from the injured party at the time, he did not have the intention or ability to purchase the house for the injured party.

As above, the Defendant, by deceiving the victim and deceiving the victim, received the remittance of KRW 15 million as the purchase price for the house on January 3, 2015 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B;

1. Application of Acts and subordinate statutes to a copy of a certificate of custody of cash, investigation report (for reference E), investigation report (for criminal suspect's financial transaction details analysis), investigation report (for attachment of NIC evaluation information response sheet), investigation report (for example, submission of NIC evaluation

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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