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(영문) 창원지방법원 2015.04.17 2015고정413

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 22, 2009, the Defendant made a false statement to the victim B by telephone, stating that “When the Defendant borrowed a restaurant with his store in Changwon C, he will complete the payment of KRW 5 million after one week if he borrowed the restaurant.”

However, the defendant did not have assets due to bad credit standing at the time and could not register his/her business in his/her name, and even if he/she paid a lease deposit with borrowed money from the victim and operates a restaurant, it was impossible to repay the borrowed money in a short term.

Nevertheless, the Defendant received KRW 5 million from the victim to the Saemaul Bank account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

3. Article 334 (1) of the Criminal Procedure Act.