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(영문) 부산지방법원 2020.01.22 2019고정1346

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Around 14:00 on May 21, 2018, the Defendant made a false statement with C’s house with knowledge through a fraternity group located in the Geum-gu, Busan, and the victim D (the age of 61) stated that “I will receive a loan as collateral if I would like to know about the house in which I would live, and if I would like to know about the house in which I would have no school because I would have failed to pay the college registration fees. I would like to pay five million won by December 31, 2018.”

However, the fact was that the defendant used to lend money from the victim to the above C, and even if the defendant borrowed money from the victim because he did not own the house currently living, he did not have any intention or ability to repay it.

The Defendant, as such, deceiving the victim and deceiving him, shall be from the complainant.

5. Around 15:00, at the above location, five million won was delivered to the victim in cash.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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

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

(Reduction of fine prescribed by a summary order in consideration of the circumstances leading to the commission of a crime)