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(영문) 부산지방법원 2014.12.12 2014고단4909
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

On August 29, 2012, the Defendant made a false statement to the victim in Section E, where the victim D, located in Seo-gu Busan, Seo-gu, Busan, “I would pay back the amount of the deposit, but the deposit would be borrowed KRW 25 million. The Defendant would receive the deposit for the deposit for the lease on a deposit basis for the residence and pay the money up to October 31, 2012.”

However, even if the defendant received the deposit for the lease on a deposit basis of residence, he was scheduled to use the deposit as operating expenses, and there was no intention or ability to repay the deposit even if he borrowed the money from the victim.

As above, the Defendant, by deceiving the victim and receiving KRW 750,000 in cash from the victim, received KRW 750,000,000 from the victim, and received KRW 24,255,00 from the agricultural bank account in the name of F of the Defendant’s child, and acquired it by fraud

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. Application of each Act and subordinate statutes to a loan certificate, passbook, or commercial building lease contract;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. Article 62 (1) of the Criminal Act on the suspended execution (it shall be considered that there is no record of punishment heavier than that of the same criminal record or fine for the defendant, that the defendant paid interest equivalent to the amount of the victim, and that of the damage in this case);

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