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(영문) 부산지방법원 2014.12.11 2013고단8855
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On April 27, 2010, the Defendant made a false statement to the victim in the (State) D office operated by the victim C in Gangseo-gu Busan, Busan, that “The Defendant would remodel KRW 160,000,000,000 from the date of the start of the start of the start of the beginning of the beginning of the Jeju, without a 35-day mold.”

However, even if the defendant received the mechanical remodeling cost from the victim, the defendant did not have the intent or ability to remodel the press machinery of the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim from May 1, 201 to April 19, 201, acquired a total of KRW 81.6 million from 17 times in total as shown in the List of Crimes, as shown in the List of Crimes, from around May 1, 2010 to April 19, 201.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including the C statement section);

1. Each police statement of C;

1. A complaint;

1. Written estimate, contract for construction work, and each copy of a certified copy of the corporation registry;

1. Details of account transactions and a statement of financial transactions;

1. A copy of each tax invoice and business registration certificate;

1. Copy of the judgment;

1. Photographs (related machinery, etc.);

1. Application of Acts and subordinate statutes to report on investigation (Listening to telephone statements, etc.);

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

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravation of Concurrent Crimes, even though the defendant had been already punished several times for the same crime, again committed the crime of this case. The amount of damage caused by the crime of this case reaches a considerable amount. In addition, the defendant is decided as per Disposition in consideration of all the circumstances, including the circumstances leading to the crime of this case, the means and methods thereof, etc.

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