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(영문) 부산지방법원 2014.11.13 2013고단1453

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In fact, the defendant was planned to lend KRW 80 million from the victim B to use it as penalty for the removal of a private building located in Ulsan-gun C, and after purchasing a scrap metal from the victim, the defendant did not have the intent or ability to pay the principal and interest of KRW 95 million to the victim within one week.

Nevertheless, at around 16:00 on November 4, 201, the Defendant calls the victim of the vehicle-scrapping Daegu located in Daegu, and makes a false statement to the effect that “If the scrap metal has come to a low price, more than KRW 100,000,000,000,000 shall be lent to the victim within one week, the Defendant would pay interest of KRW 15,00,000 along with the principal and interest within the same month from the victim.”

7. He received a cashier’s check of KRW 80 million in front of the Korean National Bank in Dong-dong, Busan, Dong-dong, a single bill and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement B and D to the police protocol;

1. It is so decided as per Disposition on the grounds of the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, the choice of punishment for the crime, Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, the choice of imprisonment (see, e.g., Supreme Court Decision 20