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(영문) 부산지방법원 동부지원 2016.09.08 2015고단735
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a friendly relationship with E, the same Russia nationality of Russia, and E is a person who entered into a contract with F to receive building materials and human resources from Russia with respect to construction works implemented in Russia. The Defendant became aware of the victim through E, and the Defendant sent 10,000 victims with E’s request on Nov. 1, 2013, in lieu of the price of building materials.

On June 30, 2014, the Defendant made a false statement to the injured party’s office located in the Busan High-gu Busan High-gu G Building 829, stating, “I will pay KRW 30 million,000,000,000,000,000,000,000,000 won, at the same place as of July 8, 2014,” stating, “I will pay KRW 20,000,000,000,000,000,000,000,000,000,000,000,000 won, or more, within one week.”

However, as a contract dispute between E and the victim prevents 100,000 won sent to the victim on behalf of E, the Defendant only attempted to receive money from the victim and did not have the intent or ability to pay the money to the victim.

On June 30, 2014, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the new bank account under the name of the Defendant, and acquired KRW 30 million in total by remitting KRW 10 million to the same account on July 8, 2014.

Summary of Evidence

1. Each legal statement of the witness F and H (the contents of the witness F's statement are specific and consistent, and the witness of the case conforms to the contents of I's statement and loan certificate relatively neutral as witness of the case, and there are no circumstances that may otherwise be false in the above statement, thereby recognizing the credibility of the witness F's statement)

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on the details of remittance of KRW 30 million and the receipt of loans (including translations);

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

1. Article 62 of the Criminal Act:

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