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(영문) 부산지방법원 동부지원 2018.01.24 2017고단2362
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On February 5, 2016, the Defendant: (a) at “C”; (b) the victim E, who became aware of through D, made a telephone call to the victim E in Busan Shipping Daegu (hereinafter “C”); and (c) the Defendant would be able to repay the amount of money to the victim E by nine times a month, while settling the life of the entertainment establishment and working at the same place as clothes.

“The phrase “ was false.”

However, the defendant did not have any idea to liquidate the lives of entertainment establishments, and there was no intention or ability to repay the personal debt of 200 million won or more, even if he borrowed money from the victim.

Nevertheless, on February 7, 2016, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Nonghyup Bank account in the name of the Defendant from the victim and acquired it by remittance.

2. On February 22, 2016, the Defendant called the victim at the above entertainment entertainment offer store and paid the amount of the credit card payment and the vehicle payment to the victim without molding it before lending 10 million won or more.

“The phrase “ was false.”

However, the Defendant did not have any intent or ability to pay the money even if he borrowed the money from the injured party because of the above economic difficulties.

Nevertheless, on February 23, 2016, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Nonghyup Bank account under the name of the Defendant and acquired it through the remittance from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on the statement protocol to E;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act of the suspended execution (the repayment of KRW 5.4 million out of the money obtained by deception) is a criminal record against the defendant.

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