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(영문) 부산지방법원 동부지원 2015.10.05 2014고정1773
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant served as a middle and high-speed with D(n, 32 years of age) in Busan B used cars sales complex. On September 201, 201, the Defendant began to engage in the business of beauty art and art in the name of F in Suwon-gu, Busan, and 401 as D(n, 32 years of age) and Dong.

However, as the above FF business is not well-grounded, the defendant has become economically difficult, and there was no particular asset or income.

1. On November 19, 201, the Defendant committed the crime around November 19, 201, stating that “The Defendant shall pay the victim an urgent amount of money, only one month, and without a mold,” and that “only 10 million won shall be lent.” However, even if the Defendant borrowed money from the victim, he/she did not have the intent or ability to pay the amount of money.”

The Defendant received KRW 10 million from the victim to the company bank account (G) of the Defendant at around that time, and acquired pecuniary profits equivalent to the same amount.

2. On March 2012, the Defendant committed the crime: (a) around March 2012, 2012, the Defendant stated that “the Defendant will change the victim’s 130-car from the members of the Suwon-gu, Busan, to the passage of the 130-car to the Na, the franchise, or the Switzerland; (b) however, the Defendant did not have the intention or ability to shift from another vehicle even with the victim’s i30-car.

The Defendant obtained from the victim the said false horses the Hi30 car equivalent to the market price of KRW 12 million around that time, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the interrogation protocol of the accused prepared by the police (first time);

1. Some statements of the accused in the interrogation protocol of the accused prepared by the police (second time, fourth time, and replacement of the accused);

1. Partial statement of statement of D prepared by the police; and

1. Statement of investigation report (Submission, etc. of a statement of bank transactions by the complainant) prepared by the police;

1. Application of each Act or subordinate statute of a copy of a statement of money borrowed (Evidence No. 13), a copy of a promissory note (Evidence No. 14 pages of Evidence) shall apply;

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