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(영문) 부산지방법원 2015.08.26 2015고정1253

사기

Text

1. The defendant shall be punished by a fine not exceeding 1.5 million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On August 7, 2013, the Defendant committed the crime, around 04:00 on August 7, 2013, 2013, at C convenience stores located in Busan Jin-gu, Busan, there is no difference between the victim D and his house located in the c convenience store located in Busan, Jin-gu, Busan, and there is no difference between the Defendant and the victim D to face the money to be lost. The Defendant would pay 250,000 won as soon as possible.

However, in fact, the defendant did not have any money and did not have any fixed income, so even if he borrowed money from the victim, there was no intention or ability to repay it.

The defendant received 250,000 won from the victim's place.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 9, 2013, the Defendant committed the crime: (a) around 23:00 on August 9, 2013, in front of the convalescent Hospital located in the Busan Jin-dong, Busan, the Defendant stated that “A victim D will pay KRW 500,000,000,000,000,000,000,000,000,000,000.”

However, since the defendant did not have any money and did not have any fixed income, there was no intention or ability to repay the money even if he borrowed money from the victim.

The defendant received KRW 100,00 from the victim's place.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on details of deposits transactions;

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

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

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.