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(영문) 부산지방법원 2016.04.06 2015고단6543
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was in the D market located in Busan Jin-gu, Busan, with the trade name “E” column, and did not have property owned by the Defendant, and did not lend money to the market merchants while playing for a certain number of days. Rather, the Defendant borrowed money from the market merchants, but was able to receive money from the victim F, who became aware of it, and used it for personal purposes such as living expenses.

1. Around August 2008, the Defendant received KRW 57,300,000 from the victim, who received KRW 57,300,000 from the time to December 18, 2008, a total of 22 times in total, as shown in the List of Crimes, from the victim, “if he/she receives the bate money, he/she may play for the number of days against the market merchants, and will not be responsible for the occurrence of the problem, and will not have any damage.”

2. On December 3, 2008, the Defendant: (a) made a false statement to the victim F, “E” that “I wish to use the said money by lending cash with the said credit card if I lend the credit card; (b) use it for the purpose of operating expenses at a small and medium store; and (c) sell the goods and make payment immediately after the sale of the goods,” and (d) received the credit card from the injured party, thereby acquiring pecuniary profits equivalent to the said amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A complaint;

1. The application of statutes to the F-name Saemaul Bank account details, the loan certificate, the investigation report (Attachment of the details of transactions in the account of a suspect), the investigation report (Attachment of the details of use of credit cards and the specific date and time of crimes);

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 62 of the Criminal Act:

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