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(영문) 부산지방법원 2018.02.22 2017고단1848
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 28, 2013, the Defendant was operated by himself/herself on three floors of the Busan Central District C building in Busan Central District.

D The "The owner of a building has increased the rent deposit and had the victim E move to the second floor of the F building without any demand.

The time and place of the party hall and the rent deposit are insufficient.

After three days from the present building owner, the lease deposit of KRW 100 million is to be refunded, and the lease deposit of KRW 50 million is to be repaid immediately one week after the loan.

The phrase “ makes a false statement.”

However, the defendant did not receive 100 million won of the lease deposit from the building owner three days later, and there was no special property, so there was no intention or ability to make a change one week thereafter.

The defendant deceivings the victim as above, and he obtained the delivery of KRW 50 million from the victim on the same day.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. A criminal investigation report (referring to a witness H counterpart investigation), a criminal investigation report (Attachment to a statement of account transactions by a suspect), a statement of transaction of a suspect's credit account, a statement of transaction in the NongHyup account of a suspect, a statement of transaction in the account of a suspect's National Bank account, a statement of transaction in the account of a suspect's National Bank

1. Application of Acts and subordinate statutes to copies of a certificate of cash custody;

1. The punishment is determined as per the order, taking into account all the conditions of sentencing indicated in the records, such as the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment (the fraud), the reason for sentencing of punishment of imprisonment, relatively large, the fact that the amount of defraudation of this case is not properly performed even after a considerable period has elapsed from the time of defraudation, the defendant's whereabouts are unclear, and the defendant has paid approximately KRW 9 million to the victim as interest, and the defendant has paid KRW 7 million out of the principal amount to the victim, the repayment of the principal amount was made in the same criminal record and the fact that the defendant had no criminal record after 205, and the elderly has no criminal record.

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