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(영문) 부산지방법원 동부지원 2021.01.28 2020고단1673
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal records] On November 5, 2014, the Defendant was sentenced to one year of imprisonment for fraud and two years of suspended execution at the Busan District Court, and the above judgment became final and conclusive on November 13, 2014.

[Criminal facts] On July 4, 2014, the Defendant knew in the mutual infinite coffee shop located in the Nam-gu Busan Metropolitan City, Busan, about July 4, 2014, that the victim B would have a victim’s child to work for the victim’s child C, and would have the victim enter C through the Vice-Chairperson of D Nowon-gu.

The level of executive members is at least a number of million won, as the level of executive members must drink.

First of all, the phrase “the amount of KRW 10 million is changed.”

However, even if the defendant received money from the injured party, he/she was thought to use it individually, and the defendant, who is not the spouse E of the defendant who already retired in the D Trade Union, had no intention or ability to have the above C employed in the D Trade Union.

Around July 4, 2014, the Defendant: (a) by deceiving the victim; (b) received KRW 10 million in cash from the victim; (c) received KRW 15 million in the G bank account (Account Number (H) in the name of F, his/her father, around July 7, 2014; (d) obtained KRW 12 million in the said name from the account around July 11, 2014; and (e) obtained KRW 5 million in total from the said F’s account around July 14, 2014; and (e) obtained KRW 42 million in cash, including receiving KRW 5 million in the said name of F.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of some of the police officers against the accused;

1. Report on investigation into the statement of the police on B (the details confirmed by the complainant);

1. Each loan certificate, process deed BI transaction details, G bank H account transaction details, F bank G account transaction details, F bank G account transaction records: The application of the Act and subordinate statutes of Part I of the judgment, inquiry about criminal records, investigation reports (the confirmation of facts that are concurrent crimes after Article 37 of the Criminal Act), and judgment;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Social service order under the Criminal Act;

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