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(영문) 부산지방법원 동부지원 2017.06.21 2017고단454
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant: (a) through a telephone call, sent a false statement to the victim C that “I will pay monthly profits to each other when I invest money in the business.”

However, in fact, the defendant is running the above business, and it was false that he would pay the victim a profit, and the defendant was thought to use the money that he received from the injured party for the repayment of his personal debt.

In addition, at the time of lending from a lending company, etc., the Defendant had a debt of 10 million won, and credit rating was at 10 degree, and there was no intention or ability to return the profits as agreed to the victim every month due to bad credit standing.

As above, the Defendant, by deceiving the victim, received KRW 24.1 million from the victim on April 9, 2015; KRW 2.4 million on October 10 of the same month; KRW 13.1 million on the same month; KRW 7 million on the 16.7 million on the same month; and KRW 7 million on the 21.7 million on the 21.7 million on the same month from the victim to the Agricultural Cooperative (D) in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The application of Acts and subordinate statutes to the details of account transactions, process certificates, detailed statement of deposit transactions, request for investigative cooperation (provision of personal credit information, etc.), credit information, investigation report (E-line telephone investigation at the branch office of this E-art), investigation report (the counter telephone investigation at the point of this E-line F), investigation report (to the counter telephone investigation at the point of this home f), investigation report (to hear, etc. from a witness G telephone statement), investigation report (to hear, etc. from a witness H telephone statement), points accumulation status (from between 2014 and 2016), investigation report (to confirm, etc. of accumulation of suspect home plug points);

1. The reason for sentencing of the instant crime under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for criminal facts is that the crime of this case is repeated by deceiving the victimized person as a false statement, and the nature of the crime is not good, and the Defendant is the victim.

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