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(영문) 부산지방법원 2020.10.21 2019고정1194

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 December 2, 2018, the Defendant made a false statement to the complainant B, stating, “I will not be punished for the number of days of play, and the degree of living expenses, because I would like to make an investment of KRW 20 million and KRW 10 million in the inside and in return, I would like to determine the number of days as the money and divide profits into half and half.”

However, even if the defendant received the investment money from the complainant, he did not have the intention or ability to use it for the number of days, there was no intention or ability to use it, and there was no intention or ability to pay the money in the name of the profit to the complainant.

The Defendant, as such, by deceiving the complainant, received 8 million won from the complainant to the account of the community credit cooperatives (D) in the name of C on December 31 of the same year.

Summary of Evidence

1. The payment receipt of the police's written statement B of the defendant's legal statement, and the application of C-registered community credit cooperative account transaction statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;