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(영문) 부산지방법원 2016.01.14 2015고정4422

사기

Text

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

If the defendant fails to pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the victim B from around March 2012 to March 2015, the Defendant committed the crime of fraud, despite the fact that the Defendant did not have the intent or ability to pay the said money by driving the money at the main point of the indoor packaging center operated by the victim.

1. On September 2012, the Defendant shall pay 50,000 won per month to the victim with money borrowed from another person in the Plaintiff’s indoor packing machine located in Busan Dong-gu, Busan.

The phrase “ makes a false statement,” which received 550,000 won from the injured party and acquired it by fraud.

2. On December 15, 2014, the Defendant: (a) by deceiving the victim at the places specified in paragraph (1) around December 15, 201; and (b) by deceiving the victim, 50,000 won from the victim; and (c) by deceiving 200,000 won from the victim on December 16, 2014.

3. On March 1, 2015, the Defendant: (a) by deceiving a victim at a place specified in paragraph (1) around March 1, 2015; (b) obtained KRW 400,000 from the victim to the bank account used by the Defendant; (c) KRW 1.5 million around March 2, 2015; (d) KRW 1.2 million around March 6, 2015; and (e) KRW 700,00 won around March 18, 2015; and (e) obtained KRW 200,00 won in cash around March 24, 2015; and (e) obtained KRW 60,000 around March 1, 2015; and (e) obtained KRW 1.5 million around March 27, 2015; and (e) obtained KRW 700,000,000 from the victim, around March 27, 2015;

Summary of Evidence

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes governing receipt of cash custody;

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the selection of punishment for a crime (in all together, selection of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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