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(영문) 부산지방법원 서부지원 2019.07.17 2018고단2795
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Part of the facts charged is revised to the extent that it does not disadvantage the defendant's defense right.

On December 19, 2013, the defendant was sentenced to the suspension of the execution of the imprisonment with prison labor for a crime of fraud and a crime of violating the Trademark Act at the Busan District Court on June 201, and the judgment was finalized on the 27th of

The Defendant, from around 2011 to 2015, was operating “D” to import and sell camping equipment, etc. from China in Seo-gu B apartment C.

On March 2012, the Defendant, at the end of the foregoing office, concluded a false statement that “The return rate is being imposed on the victim E, while importing and distributing tools for camping use. currently, the Defendant is operating the company by lending the amount of KRW 30 million to another place. When investing KRW 100,000,000 per month, the dividends shall be paid in 3,000 won per month, and the principal shall be returned after five months.”

However, the defendant had no intention or ability to pay the principal and interest of investment as agreed upon by the victim, such as that he was importing, selling, and violating the Trademark Act, and there was a risk of regulating at any time.

As above, the defendant deceivings the victim, and is also against the victim.

4.6.Before the date of the Defendant’s transfer to the national bank account in the F’s spouse’s name.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Part of the second police suspect examination protocol against the defendant;

1. Statement of the police statement of E;

1. A copy of a certificate of electronic financial transfer results, a copy of business registration certificate, a certificate of personal seal impression, a copy of a certificate, and a copy of each passbook;

1. Prisoners’ search;

1. Previous records of judgment: Application of criminal records, inquiry records, and copy of judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution is as follows.

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