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(영문) 부산지방법원 2016.05.19 2014고단7368
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 13, 2009, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Busan District Court on March 17, 201, and completed the execution of the sentence at the Busan Correctional Institution on March 17, 201.

1. On June 18, 2013, the defrauded Party B against the victim: (a) at the D parking lot office in the operation of the Defendant located in the Geum-gu Busan Metropolitan Government, the victim B, and (b) at the victim B, “a domestic fund is made; (c) at the interest rate of 1 to 5% per month on the loan of money; and (d) within ten (10) days if the principal is refunded after six (6) months.

“The purpose of “ was to make a false statement.”

However, in fact, the defendant did not have any property at the time and did not have any intention or ability to repay the money borrowed from the damaged party because the above parking lot was operated by the enemy.

As above, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim from the victim to the account under the name of the Defendant on the same day; (c) obtained each transfer of KRW 20 million to the same account under the same name on July 8, 2013; and (d) acquired 25 million won in total.

2. The Defendant against the victim E, at the above D parking lot office around January 2014, the victim E, “The victim E, from February 3, 2014 to February 3, 2014, leased the D parking lot amounting to KRW 20,000,000,000 monthly rent, KRW 300,000,000,000 premium, and KRW 30,000.

“The purpose was to make a false statement.”

However, the fact that the defendant leased and operated the above D parking lot, and there was no intention or ability to lease the above D parking lot to the victim since he was delegated the right to lease the parking lot by the building owner of the parking lot.

As above, the Defendant deceivings the victim, and 20 million won around January 11, 2014 as the deposit account in the name of the Defendant, and 3 million won on February 25, 2014 as the same account; and 20 million won on March 3, 2014 as the same account, and acquired the total amount of KRW 15 million from the victim to the same account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. Details of passbook transactions;

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