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(영문) 부산지방법원 2016.09.08 2016고단830

사기

Text

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

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

Reasons

Punishment of the crime

1. On July 2014, the Defendant: (a) listened to the victim’s “E sugaring source” in the operation of the victim D in Seo-gu Busan, Seo-gu, Busan; and (b) falsely stated to the effect that “I would like to operate the above store by acquiring the above store; (c) I would lend money to the victim as deposit money by October 30, 2014, along with the interest and interest of the third part of each month.”

However, the defendant did not have the intent or ability to repay the amount of damage as stated by the victim because he was in excess of certain assets or liabilities with no profits at the time.

On July 18, 2014, the Defendant, by deceiving the victim as above, received 8 million won as a loan from the victim through the passbook in the name of the Defendant, and around that time, received the total amount of 10 million won by taking over the equipment equivalent to 2 million won at the market price of the victim who was in the above place.

2. On August 12, 2014, the Defendant concluded that, at the place specified in paragraph (1) at the same time, the Defendant would lend KRW 10 million to the said victim prior to borrowing KRW 5 million from the said victim as the purchase price for goods necessary for open opening.

However, the defendant did not have the intent or ability to repay the amount of damage as stated by the victim because he was in excess of certain assets or liabilities with no profits at the time.

As above, the Defendant, by deceiving the victim as above, was given KRW 5 million under the name of the victim through the passbook in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of detailed Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts. Article 347 (1) of the Criminal Act (Selection of a fine in consideration of initial crime, agreement, reflect

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

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