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(영문) 부산지방법원 2013.10.01 2012고단10420
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around March 15, 2010, the Defendant made a false statement that “C” located in Suwon-gu Busan Metropolitan City, Suwon-gu B, would bring the victim D to a restaurant in Australia, and that “I will bring the victim to a restaurant in the surrounding restaurant because he/she sought a kitchen in the surrounding restaurant.”

However, the Defendant, from the beginning, received money from the victim as a job referral fee, etc., and attempted to use it as living expenses, etc., and even if the Defendant did not operate a restaurant in Australia and received money from the victim, the Defendant did not have the intent or ability to have the victim work as the head of the restaurant in Australia.

Around March 15, 2010, the Defendant, by deceiving the victim as above, received KRW 410,00 from the victim for the purpose of the passport fee and document translation fee, KRW 220,00 in the name of document supplement expenses, KRW 270,00 in the name of the borrowed money for the settlement of mobile phone prices on or around June 22, 2010, and KRW 840,000 in the name of the purchase cost of airline tickets around July 15, 2010, or acquired KRW 1,740,00 in the name of the Defendant for the purpose of purchasing airline tickets, or acquired them in cash and acquired KRW 840,00 in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaint;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Articles 347(1) and 347(1) of the Criminal Act applicable to the crime, as well as the choice of imprisonment (in spite of the power of multiple times to commit the crime in this case, considering the fact that the crime in this case leads to the crime

1. It is so decided as per Disposition for the reasons under the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes;

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