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(영문) 부산지방법원 2014.01.22 2013고정5765
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the daily wholesale business with the defendant's wife D with the trade name of Busan Jin-gu B.

Around September 25, 2009, the Defendant and D agreed to receive and sell a shot, and the Defendant made a false statement to the effect that “In the orchard of the victim F operation in North Korea-gu, North Korea-si, North Korea-si, the Defendant will pay the 10 million won of the 'G market’, “I will pay the shot, supply the shot, and pay the remainder by selling the shot.”

However, the defendant and D acquired the amount of 391.1 square meters from the Busan High-gu B of Busan High-gu on February 2008 by public sale, and had an obligation of 650 million won to the Busan High-gu Credit Cooperative, and thereafter, they did not pay interest of 600 million won per month and refund so-called so-called the transaction amount to the business partner from the second half of 2008. Since the unpaid transaction amount was 280 million won around November 2009, the defendant and D did not have an intention or ability to pay the amount normally even if they were supplied with reduction from the victim.

The Defendant, in collusion with D, by deceiving the victim as above, received 47.8 million won at the market price of 8.50 million won at the end of September 26, 2009 from the victim, and paid only 20 million won as down payment and partial payment, and acquired property profits equivalent to 27.8 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Application of the F of each police protocol of statement to the F;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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