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(영문) 부산지방법원 2016.02.24 2015고단8600
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant’s fraud related to the fraternity gold is 10 million won for the victim D, the victim E, and the victim F in the “C” located in Changwon-si, Changwon-si, Changwon-si B on October 25, 201.

21 If 50,000 won is paid for each month after joining the old number system, 10,000 won shall be paid in the month corresponding to the designated number.

‘False speech' was made.

However, the defendant had a significant number of obligations at the time, and there was no ability to pay interest on such obligations, so even if he received monthly guidance from the victims, he/she did not have an intention or ability to reduce the amount of KRW 10 million in the designated month.

On October 25, 201, the Defendant received KRW 500,000 from the victims to the Nong Bank in the name of Nonparty G, which was managed by the Defendant from around October 25, 201, and received KRW 7,50,000 in total from the victim E for the purpose of guiding as shown in the attached crime list (1) to December 26, 2012, including the transfer of KRW 6,77,610 in total from the victim D, and KRW 6,50,00 in total from the victim F, respectively.

2. The Defendant, at the same time and place as above, will pay the victim H with the money borrowed together with the money equivalent to one half of the above number fraternity if he/she lends money to the victim H.

“The phrase “ was false.”

However, the defendant had a significant number of obligations at the time, and there was no ability to pay interest on such obligations, so even if he received each payment from the victims, he did not have an intention or ability to pay the money in the designated month.

The Defendant received KRW 1.8 million from the injured party on October 26, 201, as well as from November 26, 201, 5.4 million as in the attached list of crimes (2) from November 26, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Statement made by the police against D;

1. Each complaint (Detailed Statement of Savings Deposit Transactions) 1.

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