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(영문) 부산지방법원 2016.03.09 2015고단7485
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 18, 2012, the Defendant lent to the victim D’s house located in Busan Northern-gu, Busan-gu, the victim “I wish to work at the construction site, and to put 10 million won in one vehicle to work. I wish to pay the principal in advance only before one month.

“The purpose of “ was to make a false statement.”

However, even if the Defendant borrowed the above money, he thought that he would use it for the remodelling of the E’s house, and even if he received the money from E, he did not think that it would be changed to the victim. Since there was no particular property or income at the time, he did not have the ability to repay the money borrowed from the victim.

The defendant deceivings the victim as above and was given KRW 10 million on the same day from the victim.

2. On April 16, 2012, the Defendant made a false statement to the effect that “The Defendant borrowed money from the sn beam material necessary to purchase the sn beam material for the employees and construction retired from office” to the victim at the same place as the above paragraph (1).

However, even if the Defendant borrowed money from the damaged party, it was thought that it would be used for personal debt repayment and living expenses, not for material purchase, and there was no intention or ability to repay it because there was no particular property or income.

The Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim to the account in the name of the Defendant on the same day; and (c) received KRW 5 million around June 14, 2012 from the victim; (b) five million around July 12, 2012; (c) five million won around August 27, 2012; (d) three million won around November 27, 2012; and (e) two million won around February 12, 2013; and (e) five million won around August 20, 2013; and (e) five million won in total from August 20, 2013; and (e) five million won in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Investigation Report (related to the submission of data) - Details of suspect repayment, details of passbook transaction, lease contract, etc. [The Defendant borrowed money from the injured party, such as criminal facts.]

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