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(영문) 부산지방법원 2013.12.19 2013고단5982
사기
Text

A defendant shall be punished by imprisonment for six 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 March 10, 2009, the Defendant made a false statement to the victim C at the Busan Bank Chungcheong Dong branch in Seo-dong, Seo-gu, Busan, and “I will complete payment within two months if I lend KRW 8,00,000 to 8,000.”

However, in fact, the Defendant was at the time liable for the amount of approximately KRW 70,000,000, and thus, the Defendant did not have any intent or ability to repay the amount even if she borrowed money from the victim.

The Defendant, by deceiving the victim, received from the victim the remittance of KRW 8,00,000 from the victim to the Suhyup account in the name of D, the Defendant, at his seat.

2. On September 15, 2010, the Defendant made a false statement to the victim in F located in Busan Jung-gu, Busan, on September 15, 2010, stating that “The Defendant shall make a false statement to the victim, and “I will return it again after requesting two appraisal of the party’s self-reactition and self-reactition. I will request two appraisal and return it.”

However, even though the defendant received two above self-determination notices from the victim, he did not have any intention to appraise it or return it again to the victim.

The Defendant, as such, by deceiving the victim, received from the victim two (2) know-hows equivalent to approximately KRW 4,000,000 at the market price of the said temporary border.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement by a witness C and G;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each police statement concerning C and G;

1. Complaint;

1. A copy of the details of transactions, receipts, and documents of transactions, and acceptance accounts, respectively;

1. Loan counseling, applications, written agreements on credit transactions, and copies of credit guarantee, respectively;

1. Application of Acts and subordinate statutes to investigation reports (in cases of attaching, etc. a criminal complaint, Busan Bank Account List);

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. The amount of damage in this case under Article 62(1) of the Criminal Act cannot be deemed to be a significant amount of suspension of execution, and the defendant caused the crime in this case.

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