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(영문) 부산지방법원 2017.10.19 2017고정1332

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.

Around 12:00 on August 4, 2016, the Defendant concluded that, at the victim C’s house located in Busan Seo-gu B, 103 Dong 1403, the Defendant would deposit the Defendant with the Defendant as collateral “a vehicle that is to be repaid after a loan of money to the Defendant and to be used at the time of payment,” and that this vehicle would have a difference of KRW 6.50,000 in the rental fee per month.”

However, even if the defendant borrowed money, the defendant did not have the intention or ability to repay it, and the defendant was a sound vehicle for 2,3 days.

As such, the Defendant, by deceiving the victim, received 2,700,000 won from the national bank account in the name of D, which is the seat of the defendant on the same day from the victim, and acquired it by deceiving the victim.

Summary of Evidence

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes upon inquiring about transaction details;

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;