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(영문) 부산지방법원 서부지원 2018.07.13 2018고정356

사기

Text

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

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

Reasons

Punishment of the crime

Defendant

A and the victim B are the workplace rent that a person who suffered damage from the oil in 2016 works as a director, together with a door-to-door engineer from D located in Busan Seo-gu, Busan.

Although the Defendant intended to borrow money from the victim for the purpose of repaying the loan (10 million won), the Defendant had the intent to borrow money from the victim with the possibility that he would not lend the money to the victim if he is aware of the true purpose of the loan.

On November 2016, the Defendant “the mother hospital expenses is required” to the victim at the D Center located in Busan-gu, Busan-gu, Busan-do.

may lend money; or

In the absence of money, she borrowed money even if she borrowed money to the victim. However, even if she borrowed money to the victim, she did not think she will use it as the hospital expenses.

Defendant 1 received five million won in cash from the injured party on the 15th day of the same month from the Busan Bank located in the Busan Metropolitan City trile Act, and around January 2017, Defendant 1 received from the injured party “the mother is in need of re-operation due to the error of her mother’s surgery.”

The loan of money is different. On the other hand, the directors will be paid up to 5 million won of the deposit, with the studio at a low amount of money and the deposit will be paid.

In order to induce the victim to obtain a total of KRW 11 million, such as by deceiving the victim and receiving KRW 6 million in cash in front of the above " Busan Bank."

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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

1. Consideration that the victim does not want the punishment by mutual consent with the victim for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act