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(영문) 부산지방법원 2013.11.21 2013고단3500
사기
Text

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

Reasons

Punishment of the crime

On June 23, 2011, the Defendant sent a phone call to the victim C, and concluded that “When the president of C is paid at least 30 million won, he/she will be the president of C and be in the relationship of securing and selling stores, he/she will be in charge of internal management. If the president of C and C are paid at least 36 million won per day, he/she will be in the relationship of securing and selling stores. In such a sense, the daily sales will exceed 56 million won, and the monthly sales will be KRW 5-6,00,000,000,000 won.” On the other hand, he/she made a false statement to the effect that he/she will divide half.”

However, even if the defendant receives money from the victim as a partner fee for the clothing business, he thought that he will consume it individually, and used it as a business fund, and did not have any intention or ability to proceed with the clothing business.

The Defendant, as such, by deceiving the victim, received KRW 500,000 from the victim to the Busan Bank account in the name of the Defendant’s mother D from September 29, 201, and received KRW 31,90,000,000 from September 29, 201 as the total amount of money for the business partner of clothing services, as shown in the attached list of crimes.

Summary of Evidence

1. The defendant's legal statement;

1. C’s legal statement;

1. Application of Acts and subordinate statutes to each police suspect examination protocol (including cross-examination) to the accused;

1. It is so decided as per Disposition on the grounds of Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts, the choice of punishment or heavier

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