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(영문) 부산지방법원 2016.04.19 2015고단6738
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 21, 2010, the Defendant was sentenced to four months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was completed on April 21, 201 at the Busan Detention House.

around January 5, 2013, the defendant of "2015 Highest 6738" would pay the sales proceeds within one week if he/she sold a domestic construction and drilling by telephone from the victim D in Cheongju-si around January 5, 2013.

A false statement was made.

However, the facts revealed that the Defendant had already borne the obligation of KRW 200 million or more (such as the obligation to pay the estimated purchase price, the obligation to borrow the borrowed loan, etc.) and that even if the Defendant was able to do so from the injured party, he did not have the intent or ability to pay the estimated purchase price as stated in the victim because he did not have any intention or ability to pay the estimated purchase price.

On January 7, 2013, the Defendant was found to have suffered 50,000 g from the damage in China in the F in Busan-gu, Busan-gu, the market price of which is 27 million won.

Accordingly, the defendant was given property by deceiving the victim.

The defendant of "2015 Highest 7134" was a person who mediates the sale and purchase for the victim G, and he received part of the estimated price supplied by H to I operated by H, and used it for personal use.

The Defendant heard the horses from H on January 18, 2013 that “I will die in China at KRW 6761km 36 million,” and “I will first request KRW 20 million with advance payment,” and the Defendant and the victim were aware that I were in the same business.

H’s remittance of KRW 20 million to the Agricultural Cooperative Deposit Account in the name of J as designated by the Defendant and embezzled the money as the deposit money prior to his/her disposal around that time while being kept for the victim.

Summary of Evidence

"2015 Highest 6738"

1. Statement of the defendant in the first trial record;

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

1. Statement made by the police against D;

1. Details of financial transactions;

1. A copy of the shipment certificate and the detailed statement of transactions "2015 Highest 7134";

1. The defendant;

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