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(영문) 부산지방법원 서부지원 2021.02.17 2020고정696

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 15, 2017, the Defendant would pay 2% interest on the loan of money to the victim B by selling and selling real estate awarded through an auction at home.

The phrase “ makes a false statement.”

However, at the time, the defendant did not receive the successful bid, and there was no real estate subject to the successful bid, and even if he borrowed money from the injured party due to no particular income, he did not have the intent and ability to repay

The Defendant received KRW 6.74 million from the victim’s bank account in the name of C used by the Defendant on the same day, and received KRW 6,2270,000 from around that time to April 13, 2019 by deceiving the victim by the aforementioned method, including entering in the list of crimes in the attached Form, and from around that time, from around April 13, 2019.

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

Summary of Evidence

1. Investigation report by the police on the defendant's legal statement B (Submission of a copy of the details of passbook transactions);

1. The detailed statement, process certificate, entry and exit transaction statement (C), transaction details by account (suspect A) and the application of Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

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