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(영문) 부산지방법원 동부지원 2013.09.03 2013고단1154
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The criminal defendant against the victim C was proposed to make an investment in the old currency rearrangement project issued by D and E around December 19, 2009, and at the same time, "97% of the above currency was recovered to the National Treasury and the remaining 3% was divided by one person to receive part of 3%. It is necessary to take expenses for the said transshipment work. When investing KRW 100,000,000,000 won, the defendant received KRW 50,000 from the victim around January 19, 2010, and invested KRW 300,000,000 from around January 13, 2010 to E, 200,000,000 won was returned to E, but there was no problem about KRW 300,000,000 from around 20,000 to October 23, 2016.

Around March 20, 2010, the Defendant made a false statement to the effect that “The expenses are urgently needed and additionally sent KRW 25 million, and the Defendant will make profits therefrom.”

However, the Defendant was not in need of urgent additional expenses because he received part of the investment money from E as above, and was thought to use the money received from the victim for the purpose of living expenses, card-use fees, and repayment of debts. On March 10, 2010, D was detained by fraud and there was no possibility of carrying out the old cash exchange project, and even if he received money from the victim without any particular property, he did not have any intention or ability to pay the money.

Nevertheless, the Defendant deceivings the victim as above and deceivings it from the victim to the Defendant’s national bank account around March 30, 2010.

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