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(영문) 부산지방법원 2017.11.30 2017고정2049

사기

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On May 24, 2016, the Defendant made a false statement to the victim F who was introduced from “C hotel” located in Yongsan-gu Seoul Metropolitan Government through D and E, stating that “The Defendant would give KRW 30 million to the victim F, who would use the machinery for the business fund, as it is necessary to have him/her run his/her business and to find the machinery.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to pay 30 million won within 3 days as the promise.

Defendant deceptioned the victim as above and acquired 15 million won from the victim, namely, from G’s bank account (H) to G’s bank account (H).

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect of the police against D or E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on details of financial transactions (in-depth 5 pages of investigation records), each loan certificate (in-depth 6 pages of investigation records);

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

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;