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(영문) 부산지방법원 2014.10.01 2014고정1547

사기등

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around July 7, 2012, the defrauded concluded that “The Defendant would make monthly pay to the victim at the D office of the victim C’s operation located in Busan Jin-gu, Busan, and would withdraw the physical card as advance payment at the face of the week.”

However, even if the defendant has received advance payment from the victim, he did not have an intention or ability to work as an employee.

The Defendant, by deceiving the victim as such, got the victim's physical card owned by the victim, and then released 500,000 won from the automated copier of the community credit cooperative located in the Busan-dong, Busan-gu, Busan-do to the end of 20:00 on the same day and acquired it by deception.

2. At around 05:43 on July 14, 2012, the Defendant: (a) withdrawn 600,000 won in cash from the victim on two occasions using a physical check that was installed in Frant E located in Busan-gu, Busan-do; and (b) subsequently stolen the money.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of the police protocol law to C

1. Relevant legal provisions concerning criminal facts, Articles 347 (1) and 329 of the Criminal Act that choose a penalty, and Article 329 of the Criminal Act, the choice of a fine;

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

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

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