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(영문) 부산지방법원 2016.05.03 2015고단5680
사기
Text

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

The defendant will pay 50 million won to the applicant through fraud.

Reasons

Punishment of the crime

The defendant around May 1, 2012 at the office of (ju) E operated by the defendant located in Yeongdeungpo-gu Seoul Metropolitan Government D shop 722, and around that time, to the victim C who became aware of F through F, it is necessary to transfer the cost of the defendant's relocation from Gyeonggi Kimpo to Busan GG Corporation.

The transfer cost of KRW 50 million shall be repaid with no money in a prompt 3 days, and no money shall be paid at the latest within one week.

“The phrase “ was false.”

However, in fact, the defendant and the above corporation did not have any property under their name and did not have any revenue, and all the money received from the injured party was expected to be paid as the down payment of the Busan factory, but there was no specific plan to prepare additional funds in the situation where it is necessary to transfer the factory normally, so there was no intention or ability to pay 50 million won within the deadline to the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained money from the victim as the borrowed money on May 2, 2012 from the victim; and (c) obtained money from the victim to the account of the E (State) bank account with the intent to obtain money from the victim.

Summary of Evidence

1. Each statement of the witness C and witness F (part);

1. A protocol concerning the examination of the accused by the prosecution (including the C and F substitute parts);

1. A protocol concerning the interrogation of the suspect against the accused (including the C and F subparagraphs);

1. Statement made by the prosecution with respect to C (including the F large portion);

1. Statement of the Police Statement with respect to C (including the loan certificate under the name of the Defendant on May 31, 2012, page 33 of the investigation records)

1. A complaint (including a copy of a name tag, details of account transactions, and a loan certificate on May 2, 2012);

1. Application of Acts and subordinate statutes for investigation reports (report on the result of execution of an account tracking warrant);

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Concerning

1. The assertion.

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