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(영문) 부산지방법원 동부지원 2017.09.14 2016고단2443
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal history] On March 17, 2016, the Defendant was sentenced to two years of suspension of execution in the year of imprisonment with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Busan District Court’s branch branch branch (hereinafter “Aggravated Punishment, etc.”) and the judgment became final and conclusive on March 25, 2016.

[2] On August 1, 2014, the Defendant, at the main point of “E” located in “E” located in Busan Dong-gu, Busan, stating that “G” would take over and operate the victim F with down payment, and that the leased down payment would be paid immediately after the collection of the telecom.”

However, in fact, the Defendant was liable to pay more than one billion won at the time, and even if receiving the above loan from the injured party, there was no intention or ability to accept the above telecom, and there was no intention or ability to pay the above loan to the injured party.

The defendant deceivings the victim as above and thereby deceivings the victim, 24,200,000 won from the victim's account in the name of the defendant on February 26, 2015 through the bank account in the name of the defendant, and the same year.

3. 5. The above account received a total of KRW 194,200,000 under the same name and acquired the total of KRW 194,200,000 through the above account.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and I in each part;

1. Statement made to I by the police;

1. A complaint, a detailed statement of banking transactions, a real estate transaction agreement, a letter of payment, and a copy of a loan certificate;

1. Investigative reports (to attach a statement protocol of victims of a previous accusation case and a protocol of suspect interrogation);

1. Investigation report (Submission of a lease agreement, etc. at the seat of the complainant), lease agreement, and unpaid statement;

1. A investigation report (a list of transactions for entry into and withdrawal from a single bank), and a statement of transactions in the single bank;

1. Investigation report (Confirmation of the main source of damage);

1. Application of Acts and subordinate statutes to investigation reports (to hear statements by witnesses H) and investigation reports (to hear statements by witnesses I);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

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