(영문) 부산지방법원 2016.04.20 2015고단7516

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(영문) 부산지방법원 2016.04.20 2015고단7516

사기

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A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

On April 27, 2010, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and such judgment became final and conclusive on September 30, 2010.

On March 5, 2008, the defendant collected money from the victim M as a rental business of domestic real estate from the frequency of the trade name in the Seosan-dong, Busan Metropolitan Government.

When making an investment in real estate rental business, it will guarantee the principal and pay the profits of two to three times the principal every month.

“........”

However, the defendant did not have any intention or ability to invest in real estate rental business, such as having a mind to use the money received from the damaged person individually.

As such, the Defendant deceivings the victim and received money from the victim to the Busan Bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness M and N;

1. Details of banking account transactions and bank transaction information;

1. Investigation report (case of the content of the wire call with NonpartyO);

1. A previous conviction: A criminal history inquiry and investigation report (the attachment of a judgment of latter concurrent crimes) (the defendant asserts that since the 7 million won out of the above fraud was paid to N who leased the victim's own loan with the victim's permission, the defendant has no intention to commit fraud.

However, acknowledged based on the above evidence, the Defendant leased the victim’s lending to N with the delegation of the victim, on the other hand, the Defendant did not notify the victim of the fact that the Defendant was not paid the deposit received from N, and the Defendant should return the victim the deposit to N in order to order the above lending from N., but the victim did not permit it, but the Defendant returned the deposit amount of KRW 610,000,000 to N,000,000,0000,000,000 won was paid to the Defendant with one million won as the deposit, as the director

One of the arguments is 6610,000 won from the defendant.

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