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(영문) 부산지방법원 동부지원 2018.08.22 2017고단2627
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 2015, the Defendant: (a) knew that the victim C was the owner of a coffee shop that was going to a satch at a satch site on March 2015, he only set up a coffee shop and found another occupation, and (b) knew that he was working on the victim’s new port in Busan.

It is intended to introduce the NNA as a member of the suspension from office of the port guard.

The original brokerage fee is KRW 70 million, and the width is particularly KRW 25.8 million.

First of all, as the subject to payment of brokerage fees in money is later employed, it is said that the repayment is made by means of lending, etc.

On January 27, 2017, the Defendant shall deduct the victim from advance payment brokerage fees due to the difficulties in internal prices due to the difficulties of the victim in the Eca shop located in Suwon-gu, Busan.

N. N. N. L. also made a false statement that “if N. N. wishes to enter a port-going labor union, the brokerage fee of KRW 25.8 million is changed.”

However, the defendant did not know the person who is at a position to find employment for the victim of the port labor union, and even if he received money from the victim as a brokerage fee, he did not have an intention or ability to find employment for the victim because he did not want to do so.

As such, the Defendant, by deceiving the victim, received KRW 5.8 million from the victim, to the Korean bank account of F, a parent of the Defendant on the same day; KRW 1.0 million to the corporate bank account in the above F’s name on February 28, 2017; KRW 9 million to the corporate bank account in the above F’s name on March 2, 2017; and KRW 10 million to the corporate bank account in the above F’s name on March 16, 2017; and acquired KRW 25.8 million in total by receiving each remittance from the corporate bank account in the above F’s name on March 16, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A certificate of details of transactions;

1. Notification of current status of financial data and provision of financial transaction information;

1. Application of Acts and subordinate statutes on account analysis;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence of imprisonment [the scope of recommended sentence] general fraud.

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