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(영문) 부산지방법원 동부지원 2017.04.26 2017고단352
사기
Text

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

Reasons

Punishment of the crime

On April 22, 2016, the Defendant was sentenced to imprisonment for 8 months or 2 years of suspended execution on the grounds of forgery of private documents in Busan District Court's Dong Branch, etc., and the above judgment became final and conclusive on the 30th of the same month, and is currently suspended execution.

In addition, on February 15, 2017, the defendant appealed from the Busan District Court's branch court's imprisonment with labor for fraud of one year and four months, and is currently pending in the trial.

Criminal facts

1. On January 6, 2015, the Defendant demanded a victim P to introduce Q Q in the main complex building construction corporation, which is in progress in this subsection, as an electrical construction company, from the office of a registry office in Busan NB around January 6, 2015.

In a case where a Party made an investment of KRW 30 million, it made a false statement to the effect that “The principal of KRW 30 million shall be returned to the Party and the remainder of KRW 170 million shall be divided into two to three months, among the profit 200 million that would be received after Q.”

However, in fact, the introduction fee required by theO is not more than 30 million won, but not more than 10 million won, and the defendant thought that the remainder of the money that the defendant received from the injured party was used for the repayment of his personal debt, etc. In addition, 200 million won, which was received from Q Q, was also received in accordance with the nature of the contract between 1 and 6 months, and 200 million won during the construction period. Thus, there was no intention or ability to divide the principal and the profit after 2 to 3 months.

The defendant deceivings the victim as above and acquired 25 million won from the victim to the agricultural bank account in the name of F on the same day.

2. On January 27, 2015, the Defendant called the victim around January 27, 2015 and requires the funds to be used to build apartment in Chungcheongnamdo and Seoul.

Until February 25, 2015, a false statement was made to the effect that “The payment of KRW 13 million is to be made.”

However, in fact, the defendant was liable for personal debt up to the number of 00 million won at the time, and this has been proceeded in other places.

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