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(영문) 창원지방법원 마산지원 2013.08.21 2013고단61
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 26, 2012, the Defendant was sentenced to a suspended sentence of one year in six months of imprisonment for fraud at the Changwon District Court on November 26, 201, and the judgment became final and conclusive on November 3 of the same year.

Around July 14, 2012, the Defendant stated that “If a funeral service is performed by opening a market to purchase rice, it would be divided by half the profits of the remaining profits, and would make an investment after a week, it would make profits after a day,” at the E cafeteria operated by the victim D, which is located in Changwon-si, Changwon-si C.

However, in fact, the Defendant did not pay 300 million won to another person incurred in around 2011 at the time, and did not pay 20 million won to F, another creditor, and even if he/she received investment funds from the victim, even if he/she was under judgment in fraud, he/she did not have the intent or ability to pay profits or return the investment funds to the victim by funeraling rice with the money.

Nevertheless, as seen above, the Defendant, by deceiving the victim, received the credit card from the victim, and settled 2.5 million won on July 31, 2012, and acquired the total amount of KRW 17,550,000 through seven times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Copy of the suspect examination protocol of the accused;

1. Application of Acts and subordinate statutes to a report before disposition and as a result of confirmation;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act (agreement, reflectment, etc.);

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