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(영문) 부산지방법원 2014.10.30 2013고단9390
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

On February 2, 2012, the Defendant made a false statement that “The Defendant purchased nine floors of the F Building in the Gyeongnam Kim Jong-si, and operated G, and borrowed money in the name of the expenses to be incurred in interior works,” at the E office operated by the victim D in the Busan-gu, Busan-gu, Busan-do.

However, the Defendant did not have any specific property to purchase the above building, and the Defendant did not have any ability to raise funds with bank loans, or to establish and operate a cover sheet and did not have any intent or ability to repay the money to the Defendant.

The Defendant, by deceiving the victim as such, received KRW 48,50,800 in total on several occasions as expenses for establishing a corporation from around that time to May 12, 2013, including KRW 10 million in the name of the expenses incurred in establishing a corporation, and KRW 10,000 in the name of the provisional contract money for building owners.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Although the nature of the crime of this case is not less than that of the crime, considering the fact that the reason for sentencing under Article 62-2 of the Social Service Order Act is not much significant, the damage has not yet been recovered, and the defendant has the same power as the defendant, the execution of imprisonment shall be suspended in consideration of the fact that the defendant is the time of the crime and that the defendant has agreed with the victim, but the community service order

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