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(영문) 부산지방법원 2014.07.21 2014고정2316
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 18, 2009, the Defendant was sentenced to two years of suspended execution in August 26, 2009 due to a violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission at the Busan District Court.

From February 2, 2009 to April 2, 2009, the Defendant, who operated the “(State)C” in Article 502 of the Busan Dong-gu B building 502, and around April 1, 2009 to the victim D, saying, “The Defendant would pay interest if he makes an investment.”

However, even if the defendant received the investment from the victim, he did not have the intention or ability to pay the profits to the victim by importing the Russia large amount of money.

As above, the Defendant, by deceiving the victim as above, received KRW 12 million from the victim for the same day as the investment money, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certified copy of a complaint, notice of demand, cash custody certificate, loan certificate and payment note, and a certified copy of a notarial deed;

1. A copy of the response to the provision of financial transaction information;

1. Previous records of judgment: Criminal history records, inquiry reports, copies of judgment, application of Acts and subordinate statutes to search and output of integrated cases;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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