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(영문) 부산지방법원 2019.01.15 2018고정1462

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates clothes and miscellaneous stores with the trade name of "C" in Busan Jung-gu B market.

On June 22, 2017, the Defendant called “to pay back money within one week if he/she lends money that he/she is urgently required to get the goods to China” by phoneing the victim D at the above store.

However, in fact, the Defendant did not have any intent or ability to pay money even if he borrowed money from the victim because the operation of the clothing store is not excessive, the financial situation becomes worse, the obligation to pay is at least KRW 60,000,000,00,000,000,000 or more.

Nevertheless, the Defendant made a false statement as above, and acquired 5 million won from the victim to E account in the name of the Defendant on the same day as the loan money.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of Acts and subordinate statutes concerning borrowing certificates and details of transactions;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;