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(영문) 창원지방법원 진주지원 2013.12.30 2013고정383

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 12, 2011, the Defendant, at the office of the E Co., Ltd. operated by the Defendant in Changwon-si, Changwon-si, Changwon-si, the Defendant, knowing that the Victim F would obtain a loan from the bank to build a new H Co., Ltd., in the Haan-gun, Hanam-gun, the Defendant stated that “The Defendant would request the victim to obtain a loan of KRW 3.5 billion from the financial right, such as the bank, after appraising the new factory, etc., and then would request KRW 80 million in return for the loan of KRW 3.5 billion from the financial right, such as the bank.”

However, even if the defendant received money from the victim under the above name, he did not have the intent or ability to receive the loan from the bank, etc.

The Defendant, by deceiving the victim as such, received money from the victim via three occasions, such as remittance of KRW 20 million to a passbook in the name of E Co., Ltd. on October 12, 201, KRW 10 million around May 5, 201, and KRW 50 million on November 11, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement Nos. 3 and 5 of the police interrogation protocol against the accused in F and I;

1. The police statement concerning F;

1. A president of the F;

1. Service contracts, and deposits without passbooks; and

1. Application of Acts and subordinate statutes to each investigation report (referring to the J of Witnesses and telephone conversations), investigation report (referring to the K of Witnesses and telephone conversations);

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

1. Articles 70 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;