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(영문) 창원지방법원 2014.11.14 2014고정946

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 30, 2013, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for embezzlement at the Changwon District Court on August 30, 2013, and the judgment became final and conclusive on September 7, 2013.

On October 2012, 2012, the Defendant, at the office D’s office of the victim C’s operation located in the Hanan-gun, Hannam-gun, Hamman, stated that “If the two factories run within the country require a ton of freezing 1 ton of freezing, and if 5 million won is lent for purchase funds, the Defendant loaned money to the victim in a way that he will receive money from someone when he due to his maturity after joining the successful bid.”

However, the fact that the management of the two sub-factory operated by the defendant at the time continues to be difficult, and the financial institution at the time is liable to pay the amount of KRW 100 million, and even if joining the successful bid, there was no intention or ability to pay the amount until receiving it.

As above, the Defendant, by deceiving the victim, received five million won from the victim to the post office account under the name of the Defendant on October 31, 2012, and acquired it by transfer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. A detailed statement of passbook transactions and a certificate of borrowing;

1. A report on investigation;

1. Previous records of judgment: Application of inquiry reports and investigation reports (Attachment of a copy of judgment) and statutes, including criminal records;

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

2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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