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(영문) 부산지방법원 동부지원 2016.08.11 2015고단2460
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2013, the Defendant: (a) held the victim C with the trade name “E” on the first floor of the building of Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-si; (b) held the clothing at KRW 12,00,00,000, in a coffee shop located in Gangseo-gu, Seoul, Gangseo-gu, Seoul; (c) held the clothing as security; and (d) lent KRW 27,00,000,000,000,000,000,000,000,000, not later than November 25, 2013.

If it is impossible to pay the money by the promised date, the clothes provided as security will be disposed of at will.

“The key to the first floor was put to the victim while making a false statement.”

However, in fact, since the above clothing is not owned by the defendant, the defendant did not have the right to provide the above clothing as security, and the defendant did not have any specific import, so there was no intention or ability to pay the borrowed money even if the above clothing was borrowed from the victim as security.

As above, the Defendant: (a) by deceiving the victim; (b) received cash 12 million won from the victim; (c) received money from the victim; (d) received money from the victim; and (e) received money from the Defendant’s Saemaul Bank Account (F) received KRW 15 million in total; and (e) received money from the Defendant’s Saemaul Bank Account (F) received KRW 27 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act suspended execution (see, e.g., the fact that the defendant recognized the crime of this case and the fact that the defendant agreed with the victim);

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