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(영문) 부산지방법원 2016.08.10 2015고단8572
사기
Text

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

Reasons

Punishment of the crime

[Criminal Records] On January 14, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Tax Offenses Act in Busan District Court for the same year.

6. 14. The above judgment was finalized.

[2] On May 24, 2010, the Defendant, at a restaurant where it is difficult to know the trade name located in the Dong at the bottom of the Busan Sin-gu, Busan, the Defendant stated that “I would pay 4 million won interest per month if I would lend the money to the interested party C with the mother and child to pay 50 million won for the principal within three months if I want to pay her mother and child interest and pay her principal within three months.” The Defendant received money from the interested party C as the borrowed money from the victim.

However, at the time, the Defendant did not open the massage practice, and there was no intention or ability to repay the money borrowed from the injured party even if he borrowed the money from the injured party due to no particular property or income, except for the amount of KRW 100 million.

As above, the Defendant was accused by deceiving the victim and transferred KRW 50 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingC statements);

1. Statement made by the prosecution against C;

1. A copy of the process deed, a detailed statement of bank transactions, a investigation report (Attachment to a detailed statement of bank transactions submitted by a suspect A), a statement of transaction by account, a statement of financial transactions by each national bank, details of financial transactions by the Korean bank, details of financial transactions by non-

1. A complaint;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Code for the Handling of Concurrent Crimes provided that the reason for sentencing under Article 39(1) has not been properly restored, and the victim was punished. However, the defendant reflects the crime, and the crime of this case constitutes the first head of the judgment and the crime of this case constitutes concurrent crimes after Article 37 of the Criminal Code and the latter part of the Criminal Code.

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