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(영문) 부산지방법원 2013.08.23 2013고단3386
사기
Text

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

Reasons

Punishment of the crime

Defendant

Around October 2011, the “D” for the operation of the Victim C in Yangsan City Co., Ltd., the victim made a false statement to the effect that “If the victim takes over the Fambs in Yangsan City E in the amount of KRW 45 million, including the deposit and the premium, he/she will transfer his/her name to a singing room until November 9, 201.”

However, the fact was that the defendant did not have entered into a lease contract or a sub-lease contract with the above FMM, and even if the defendant received the purchase price from the victim, the defendant did not have the intent or ability to allow the victim to start his/her business by transferring the name of the above sing on November 9, 201.

Around November 4, 201, the Defendant, by deceiving the victim as above, received KRW 10 million from G in Yangsan-si around November 4, 201 from the victim, and received KRW 7 million from agricultural cooperatives located in Gyeyang-dong, Yangsan-si around November 7, 201, and acquired KRW 20 million in total by receiving KRW 3 million from the Busan bank passbook in the name of H to the Busan bank passbook on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Second time a protocol concerning the examination of suspect of the accused (including theC statement);

1. Statement to C by the police;

1. Copies of a loan certificate, a copy of a loan certificate, and a copy of the bankbook of the complainant;

1. Application of Acts and subordinate statutes to report an investigation (referring to hearing of statements at the I telephone of a reference witness);

1. It is inevitable to sentence a sentence in light of the pertinent provision of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime, the fact that the defendant in the reason for sentencing a sentence of imprisonment with prison labor acquires 20 million won from the victim and has not yet received the written application.

However, in order to give the defendant an opportunity to reach an agreement by taking into account the fact that he/she has no criminal record of the same kind, and is a physically disabled person of the first degree due to the aftermathy, he/she shall not be subject to statutory restraint in order to give

It is so decided as per Disposition for the above reasons.

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