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(영문) 부산지방법원 동부지원 2019.05.30 2019고단282
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2017, the Defendant told the victim B to contact with a police officer in a non-permanent place, and to the effect that “only one-half months and one-half months will be used for lending money.”

However, the defendant did not have any intention or ability to pay the delinquent tax amount in excess of 14 million won without any particular income or property at the time, and even if he borrowed money from the victim, such as the amount of debts to financial institutions up to 27 million won, there was no intention or ability to pay it as agreed.

Accordingly, the Defendant, as seen above, was accused of the victim, and was transferred KRW 10 million to the Busan Bank account in the name of the Defendant around January 24, 2017 from the victim as the borrowed money.

2. On May 2017, the Defendant contacted the victim, such as the early police officer, with the victim as described in the preceding paragraph, and the Defendant stated to the effect that, if he/she makes an investment of KRW 30 million in the virtual currency mining business, the amount of KRW 4 million may be punished for a month. The Defendant stated that, in addition, he/she would make an investment of KRW 10 million in front of the investment.

However, at the time of fact, the defendant thought to use the money received from the victim for personal purposes such as the delivery price to the customer, etc., so even if the money was received from the victim, he did not have any intent or ability to invest in the electronic currency mining

Accordingly, the Defendant, as seen above, was accused of the victim, and was transferred KRW 20 million to the Busan Bank account in the name of the Defendant around May 4, 2017 from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Although the reason for sentencing in Article 62-2 of the Criminal Code of the Social Service Order is not good, the defendant is against the defendant.

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