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(영문) 부산지방법원 2016.04.06 2015고단3028
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant committed the crime against the victim C is a person who had been operating from around 1990, the Busan Seo-gu Building D Co., Ltd., a trade company for fishery products distribution in Busan-gu.

On October 29, 2014, the Defendant, within the office of the Busan, Seo-gu Office of the Dispute Resolution Co., Ltd., 103, Seo-gu, Busan, Seo-gu, Busan, and the victim C, “The amount of export payment is 30,00 U.S. dollars.”

A loan of KRW 30 million shall be repaid until November 4, 2014.

“A false statement” was made.

However, at the time of fact, the Defendant did not have any intention or ability to pay the outstanding amount even if he borrowed money from the injured party because the interest was overdue and the outstanding amount was accumulated.

The defendant deceivings the victim as above and transferred 30 million won to the bank account (F) of the name of the defendant to the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On October 29, 2014, the Defendant who committed the crime against the victim G calls to the victim G at the same place as the above paragraph (1) around October 29, 2014, and lends 30,000 U.S. dollars to the victim G for the settlement of export payment. The Defendant would pay 30,000 U.S. dollars until November 4, 2014.

“False speech was made to the effect that it was “.”

However, at the time of fact, the Defendant did not have any intention or ability to pay the outstanding amount even if he borrowed money from the injured party because the interest was overdue and the outstanding amount was accumulated.

The defendant deceivings the victim as above and transferred KRW 10 million to the bank account (F) of the name of the defendant to the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. Each complaint;

1. Application of Acts and subordinate statutes to each detailed statement and a copy of a loan certificate;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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