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(영문) 부산지방법원 동부지원 2019.05.30 2019고단270
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Busan District Court's Dong Branch branch branch, and the judgment became final and conclusive on December 2, 2016.

around September 2014, the Defendant stated that, within the “C” company of the Defendant’s working for the head of the Jeonbuk-gun, the victim D, “I will make an investment with the President of the Company, who is the President of the Busan-gun, and I would make an investment with the President of the Company, and I would make an investment in the Republic of Korea, and would make it possible for B to make an investment to make an investment, so I would like to add 10% of the investment made by NI to it.”

However, in fact, since the father of the defendant was not the president of the company, there was no shares in investment, and even if he received investment money from the victim, he was planning to use it as gambling money, he did not have the intent or ability to pay the principal and the profit as agreed to the victim.

Around November 25, 2015, the Defendant, by deceiving the victim as above, received KRW 24 million from the victim to the company bank account in the name of the Defendant for the purpose of investment, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Details of transactions by account and account details;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification of the fixed date of judgment concurrent with the latter part of Article 37 of the Criminal Act);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Although the nature of the defendant's reasons for sentencing under Article 62 (1) of the Criminal Act is not minor, it is against the defendant, there is no other record of the crime except for the crime in which the defendant is in an ex post facto concurrent relationship with this case, the crime in a concurrent relationship with the latter part of Article 37 of the Criminal Act is judged concurrently, equity, equity, and other age, environment, character and conduct of the defendant, and crime.

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