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(영문) 부산지방법원 2014.09.18 2014고정865

사기

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

In fact, even if the Defendant borrowed money from the victim C even though he did not have the intent or ability to repay it, on November 27, 2012, the Defendant acquired money from the victim’s residence in Gangseo-gu Seoul Metropolitan Government, stating that “If he lends five million won to the victim, he/she will be entrusted with a monthly payment passbook and card, and he/she will be immediately repaid with monthly payment,” and that he/she acquired money from the victim to the national bank account (Account Number E) in the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A detailed statement of account transactions with the National Bank;

1. Application of Acts and subordinate statutes to a report on investigation (to hear a complainant's telephone statement);

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;