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(영문) 창원지방법원 2016.01.27 2015고정1088

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

피고인은 2014. 12. 16. 경 대구 광역시 대봉동에 있는 상호를 알 수 없는 커피숍에서 피해자 B에게 “C 본사에서 땡 처리하는 양복을 사서 중국에 팔려고 하는데, 계약금이 모자란다.

It was said that only KRW 10 million will be repaid three days after the loan.

However, the Defendant did not have any intent or ability to repay the borrowed money even if he borrowed money from the injured party as above.

The Defendant received from the injured party the remittance of KRW 10 million as the borrowed money in around December 16, 2014 and around 17.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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