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(영문) 부산지방법원 2014.03.14 2013고단8388
사기
Text

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

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

Reasons

Punishment of the crime

In fact, even if the Defendant borrowed money from the victim B, he did not have the ability to repay the money, he was willing to borrow money from the victim to use it as gambling money.

On January 28, 2013, the Defendant, at the office of the Defendant located in Busan Shipping Daegu, stated that “If the Defendant, at the office of the Defendant located in Busan Shipping Daegu, would lend 36 million won to the Defendant, the principal and proceeds will be paid if the Defendant borrowed 36 million won of the investment for a heavy trading business,” and that this year is from the victim, namely, KRW 36 million from the victim.

2. Around April 21, 201, KRW 20 million, KRW 13 million around April 15, 2013, and KRW 69 million were obtained and acquired by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes, such as an inquiry of account details and contract confirmation;

1. Article 347(1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62 (1) of the Criminal Act (the first offense, the punishment of the victim, the confession, and the reflective nature) or more;

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