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(영문) 부산지방법원 2016.12.15 2016고정2918

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

Around July 21, 2008, the Defendant stated that “Around July 21, 2008, the Defendant borrowed 20 million won to the victim E by telephone from the (ju) D Office in the operation of the Defendant located in Kim Yong-si, Kim Jong-si, the Defendant borrowed 20 million won to the victim E by telephone. In the absence of money, the Defendant also borrowed her money from the victim.”

However, at the time of fact, the defendant did not have any intent or ability to pay the above money because he did not have any property, such as making a large amount of debt and paying wages to the company employees.

Nevertheless, the Defendant, by deceiving the victim as above, borrowed KRW 20 million from F, which is the seat of the victim on the same day, and asked F to directly transfer KRW 20 million from F, which is the seat of the victim, thereby deceiving the victim from F, thereby acquiring KRW 20 million from F, the victim’s seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A copy of a certificate of borrowing and a copy of a repayment plan for the borrowed amount;

1. A copy of deposit certificate and details of bank transactions;

1. Application of the Acts and subordinate statutes to requests for investigation cooperation and investigation cooperation with respect to the NE credit assessment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;