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(영문) 부산지방법원 2017.12.06 2016고단5026
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a ship of Chinese nationality.

On April 10, 2014, the Defendant stated that “A victim C intending to gambling in a carhouse, paid the principal in gold, and borrowed 20% of the principal in interest.”

However, in fact, the defendant did not have any other property and did not pay money for gambling, so there was no way to repay the money, so even if he borrowed money from the injured party, he did not have any intention or ability to pay the money.

피고 인은 위와 같이 피해자를 기망하여 2014. 6. 10. 이에 속은 피해 자로부터 액면 금 150만원의 수표를 교부 받은 것을 비롯하여 2015. 8. 18.까지 별지 범죄 일람표 기재와 같이 총 21회( 범죄 일람표 연번 1, 2 제외하고 연번 10 110만원에서 100만원을 뺌, 그리고 내용을 ‘ 무역업을 하는데 돈을 빌려 주면 많은 이자를 주겠다고

In the event that the State lends money to the State for gambling in the Kakno, the State will pay interest of 20% of the principal when it lends money to the State.

A total of 4,0130,000 won was received through a change to a "definite" and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C in part;

1. A copy of a contract for business system;

1. A certificate of remittance confirmation;

1. Investigative report (in relation to the specification of materials submitted by a complainant and the amount of damage);

1. Investigation report (a copy of the passport of suspect D);

1. The defendant asserts that he did not lend to the "E", which is a Chinese criminal, all the amount of the money obtained by defraudation as stated in the judgment, and in particular as to the sum sum 11 to 20 to 23,780,000 won out of the amount of the money obtained by defraudation, the victim did not lend to the defendant with the introduction of the defendant.

However, the facts acknowledged by the evidence duly adopted and investigated by the court, that is, the defendant at the time of the instant case, could not take money for gambling without any other property.

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