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(영문) 부산지방법원 2013.03.28 2012고정4303

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 8, 2011, the Defendant stated that “Around February 2011, 201, the Defendant would pay money one million won after one week since it was urgently required to pay money to the victim B at an influent place.”

However, in fact, the Defendant had already been given a loan of KRW 14 million as security for the Dsch Rexroth vehicles owned by the Defendant due to financial difficulties around January 201, and there was no intention or ability to repay the money even if it was borrowed from the victim due to the absence of any certain revenue.

Nevertheless, the Defendant, as seen above, was accused of the victim and received KRW 1 million from the victim as the borrowed money around February 8, 201.

2. On February 16, 2011, the Defendant told the victim B to “the cost of appointing an attorney-at-law of the detained baby E is required, and two million won is required,” at a non-permanent place around February 2011.”

However, even if the defendant received money from the victim, he did not have the intention or ability to pay E's attorney fees.

Nevertheless, the Defendant, as seen above, was accused of the victim and received KRW 2 million from the victim on February 16, 201 as the cost of appointing a defense counsel.

Summary of Evidence

1. Examination protocol of the accused by the prosecution (including B substitutes);

1. Each police statement concerning B;

1. Application of Acts and subordinate statutes to the complaint and written confirmation of transfer result;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Articles 70 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;