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(영문) 부산지방법원 2016.02.04 2015고정3091

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who serves as a management director in Kimhae-si (State) D.

On September 19, 2014, the Defendant borrowed KRW 50 million from the victim G to the FF office located in Busan Seo-gu E and 501 (State) of the Busan J in order to pay the amount immediately after acquiring the completion permission until October 19, 2014.

“A false statement” was made.

However, in fact, the Defendant was unable to complete the construction due to the loan of money in the absence of the above D’s capital, and there was no intention or ability to repay the said money even if there was no particular property and the Defendant borrowed the said money from the injured party.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred the amount of KRW 40 million to the national bank account (J) in the name of the Defendant’s father-child; and (c) delivered cash KRW 10 million to the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G or K;

1. A copy, a certificate of borrowing, and a receipt;

1. A reply to inquiries about NE evaluation information;

1. Application of Acts and subordinate statutes to prosecutorial investigation reports (Attachment to outputs related to the construction site of this case);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment for a crime;

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;