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(영문) 부산지방법원 2015.08.19 2015고정2075

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 7, 2014, the Defendant was sentenced to imprisonment of 8 months with prison labor for fraud, etc. at the Ulsan District Court, which became final and conclusive on June 28, 2014.

1. Around April 15, 2014, the Defendant, on April 15, 2014, made a false statement to the victim B, stating, “A vehicle shall be repaired immediately in the street near the Magdong-gu, Busan, the Magdong-gu, Busan, that “A vehicle shall be repaid within one month from lending money.”

However, in fact, the defendant did not think that he will receive money from the victim to use it for the repair of the vehicle, and even if he did not borrow money from others without any occupation and income, he did not have any intention or ability to pay it

The Defendant received 1 million won from the victim to the national bank account in the name of the Defendant under the name of the Defendant as the borrowed money on the same day.

2. Around April 17, 2014, the Defendant made a false statement to the victim B, stating that “If there is an urgent circumstance, and only KRW 100,000,000,000 has been lent prior to the loan, he/she shall be paid in the month plus KRW 1,000,000.”

However, the defendant did not have any intention or ability to repay money with others even though he did not borrow money from others without any occupation and income.

The Defendant received 100,000 won from the victim to the national bank account under the name of the Defendant in the name of the victim for the same day.

Accordingly, the defendant deceivings the victim as above and 1.1 million won in total from the victim twice.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning B;

1. A report on investigation;

1. Previous records: Criminal records and application of statutes governing judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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