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(영문) 부산지방법원 2014.05.12 2013고단8543
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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. Around June 2012, the Defendant made a false statement to the victim C, “D, which is located in the Republic of Korea,” to the victim C, stating that “D, which is located in the Republic of Korea, is a head of a Ban. If the Party is supported by the support of the support fund, it would allow the said Company to perform the work.”

However, in fact, the Defendant was a bad credit holder with no property under his/her own name at the time, and was thought to use the money for his/her livelihood, so even if he/she received money, he/she did not have the intent or ability to secure the job of the Defendant.

Around June 13, 2012, the Defendant, by deceiving the victim, received 300,000 won in cash from the victim, under the pretext of supporting money in front of the F Elementary School located in the Seo-gu, Busan, Nowon-gu.

2. Around June 2012, the Defendant, under the name of a partner, re-exploited the Victim C and the Victim G, and falsely concluded that “The H finishing painting business, which is able to make more profits than D, is defective,” and that “the insurance premium, supplementary materials cost, etc. are changed.”

However, in fact, the defendant was in bad credit standing with no property under his name at the time, and there was no intention or ability to engage in the business with the victims because he was willing to use the money for living expenses.

On June 20, 2012, the Defendant, by deceiving the victims as such, received 300,000 won in cash as insurance premium from the Gamban subway Station located in the Gamban-dong of Busan, Seodong-gu around June 2012.

From that time to September 27, 2012, the Defendant acquired the total of KRW 7,200,000 by the same means through eight times, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes on police statements concerning G and C;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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