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(영문) 부산지방법원 동부지원 2013.05.29 2013고단1115
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

From the main point of Busan Shipping Daegu B, the Defendant became an employee, and around July 2012, the Defendant became aware of the victim C who was a guest, and was paid in an internal relationship.

On August 10, 2012, the Defendant, at the coffee shop located in the 1st floor of the Busan Metropolitan Do apartment in Busan Metropolitan City, provided the victim with the clothes “F” at the 1st floor of the building in which it would be expected that the victim would be paid a deposit of KRW 20 million and the premium of KRW 70 million. However, in Japan, the Defendant provided that the parent’s business funds of the parent operating the second floor of the building in Busan Metropolitan Do Do Da apartment in which it is in his study in Japan are urgently needed to pay money, as the money is paid with the clothes deposit and the premium of KRW 20 million.”

However, since the defendant had already been in close relation to about 100 million won and had been urged to repay the debt, even if he received the security deposit and premium by disposing of the clothes, he did not want to use it for the repayment of the above existing obligation, and did not have the intent and ability to repay the loan to the victim.

As above, the Defendant, by deceiving the victim, transferred KRW 15 million from the victim to his/her own bank account (H) on August 16, 2012, and transferred KRW 15 million from the victim to the said account on August 17, 2012, and transferred KRW 5 million from the victim to the said account on August 20, 2012, and received KRW 3.8 million from the said account on August 24, 2012.

Accordingly, the defendant deceivings the victim as above and acquired 33.8 million won in total from the victim four times.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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

1. The fact that an agreement is reached with the victim under Article 62 (1) of the Criminal Act, and the accused has no criminal record heavier than the fine;

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