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(영문) 부산지방법원 2014.04.11 2013고단614
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 7,045,000 won to the applicant for compensation by fraud.

3.2

Reasons

Punishment of the crime

On December 18, 2012, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Busan District Court on December 18, 2012, and the said judgment became final and conclusive on December 27, 2012.

Criminal facts

On October 23, 2012, around 10:00, the Defendant stated to the effect that “The Defendant will return it five days after the date when he lends his identity to a foreign language private teaching institute because he was studying in a foreign country and works at a foreign language private teaching institute.”

However, in fact, the defendant thought that he would gain profits by selling Kameras, etc. in other places, but did not have any intention or ability to return it.

The Defendant entered into a loan agreement with the victim, namely, the victim, namely the EOS-5D MARK MARD 2.3rdle 24-70m mix, clater EF 24-70mm string, 3 chargers, 2 chargers, 2 chargers, and 3,045,000 won in total in the market price of 7,045,000,000 won in the face value of the victim, and received a loan from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The prosecutor's statement concerning B;

1. A contract for equipment lease;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to judgment, etc.);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuit for Compensation Orders;

1. It is inevitable to sentence a sentence in light of the fact that the Defendant committed the instant crime while being tried for a crime of fraud which became final and conclusive in the judgment of the court, and that the Defendant was temporarily locked without being present in the trial procedure, etc.

The term of punishment was set as above, taking into account all the circumstances, such as the frequency of crime and amount of damage.

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