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(영문) 창원지방법원 마산지원 2015.06.30 2015고정340

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On November 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Changwon District Court on November 13, 2014, and the judgment became final and conclusive on November 21, 2014.

On August 10, 2012, the Defendant stated that “The Defendant would receive KRW 300 million in total of the insurance money deposited in installment savings around September 28, 2012, and receive the insurance money,” to the victim B, who is the offender, by telephone, “her mother gambling, steals valuables and cash from the gambling house, and arrested the police. Therefore, it is necessary to collect KRW 300,000 from the agreement amount of the larceny case.”

However, there was no thief incident related to the Defendant, and there was no insurance money to be paid, and there was no certain income or property in possession, so there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.

Ultimately, the Defendant, as above, by deceiving the victim as above, received KRW 3 million from the victim as the borrowed money on the same day, and received KRW 18,049,00 in total from around that time to November 29, 2012 as stated in the separate crime list, and acquired KRW 18,049,00 from the victim for the borrowed money on 23 occasions without any intent or capacity to repay, as shown in the separate crime list.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation reports (attached to the details of savings deposit transactions, the contents of Kakao Stockholm dialogue, and the contents of text messages);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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 (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;