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(영문) 부산지방법원 2017.08.17 2017고정988
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On May 19, 2014, the Defendant made a false statement to the effect that “When investing in the purchase and supply of dumping steel, the Defendant would give the principal and the profits every time the steel she has left to the market” to the victim D in the Busan Northern-gu B.

However, the Defendant had no special property at that time, and was a person of bad credit in arrears with a large amount of taxes. The Defendant supplied iron bars through a “data transaction” with the victim’s money and attempted to pay the principal and proceeds therefrom to the victim. However, due to the characteristics of the “data transaction”, it was difficult to stably receive steel supply, and it is unclear whether there was any profit in the process. As such, even if receiving money from the victim, there was no intent or ability to pay the principal and proceeds normally as agreed upon by the victim.

On May 19, 2014, the Defendant, by deceiving the victim as such, received KRW 9 million from the victim as the investment money from the victim and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes on the verification of transaction details (11th page of investigation records), each letter (47 pages of investigation records), account transaction details (99 pages of investigation records);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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