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(영문) 부산지방법원 2016.04.27 2015고단8584
사기
Text

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

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

Reasons

Punishment of the crime

[Criminal Records] On August 28, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (competence) with the Busan District Court on January 1, 2015 and the said judgment became final and conclusive on February 11, 2016.

[Criminal facts]

1. The Defendant committed the crime of September 16, 201 to the victim E, who is the branch in the D neighboring packing horse located in Busan Jin-gu, Busan, on September 14, 2011, is conducting the Internet auction business.

If an investment of KRW 10 million is made, it is intended to make a profit of KRW 10,000 won in one month.

“A false statement” was made.

However, the Defendant did not operate the Internet auction business, and all of the money that he received from the victimized person was able to use for gambling or for living expenses, etc., and there was no property or certain income in the name of the Defendant, so there was no intention or ability to repay the profits and principal to the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 10 million won from the victim to the defendant's account on September 16, 201.

2. On September 27, 2011, the Defendant committed the crime of Sep. 25, 201, at an alcoholic beverage house where the trade name of the Nam-gu Busan is unknown, the Defendant would give the victim KRW 1.5 million with the proceeds from the month in which the amount of the investment would be KRW 15 million if the amount of the investment would be more than that of the Internet auction.

“A false statement” was made.

However, the Defendant did not engage in the Internet auction business, and all of the money that he received from the victimized party was willing to use for gambling or for living expenses, etc., and there was no property or certain income under the name of the Defendant, and thus there was no intention or ability to pay the profits and principal that he promised to pay to the injured party.

Nevertheless, the defendant deceivings the victim as above and acquired 5 million won from the victim to the defendant's account on September 27, 2011.

3. The Defendant committed a crime on October 6, 201 at Fluoral Spot on October 6, 2011.

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