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(영문) 부산지방법원 동부지원 2012.11.01 2011고단3121
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant did not receive any other income, and was an employee of an entertainment drinking house, and the obligation arising from prepaid and bonds, etc. is under the circumstances of KRW 100 million, and even if he borrowed money from others, he did not have the ability to repay the money, and did not have the intent to repay the money with the money faithfully from the main points of the victim B and C

1. On June 2010, the Defendant made a false statement to the victim B at the Busan Shipping Daegu D main office of Busan, stating that “The Defendant would make a false statement to the victim B that “the Defendant would make a high attendance as a main employee,” and that “the Defendant would make a full payment on July 2010 to the victim with the said victim’s “the Defendant would make a high payment of the advance payment due to Ampha, Ampha, Ampha, Ampha, Amar, Amar

The Defendant received KRW 5 million each from the victim to the Agricultural Cooperative Account in the name of the Defendant’s words, around June 2010 and around July 2010, and did not work at the above main points.

Accordingly, the defendant was given a total of KRW 10 million by deceiving the victim.

2. Around December 30, 2010, the Defendant made a false statement to the effect that “The Defendant would request the victim C to “the prepaid payment to be extremely high from the main employee” at the 1st floor coffee of Busan Shipping Daegu, Busan, to the effect that “the prepaid payment to be made to the main employee.”

On December 31, 2010, the Defendant received KRW 11 million from the victim to the Agricultural Cooperative Account in the name of the Defendant’s words, and did not work at the above main points.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of the witness B;

2. Some statements of the suspect examination protocol of the defendant by the prosecution;

3. Application of each prosecutor's protocol of statement C and B to the prosecution

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

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

3. Article 62 (1) of the Criminal Act (including the partial repayment and the fact that there is no record of punishment exceeding the fine).

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