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(영문) 부산지방법원 2018.02.22 2016고단5772
사기
Text

Defendant shall be punished by a fine of 12,000,000 won.

If the defendant does not pay the above fine, the fine shall be 100.

Reasons

Punishment of the crime

1. On October 7, 2014, the Defendant made a false statement to the victim B by phone calls from the victim B to the Busan Franchiscison.

However, the defendant did not engage in the implementation business at the time, and even if he borrowed money from the damaged party due to the absence of a certain amount of income from bad credit for more than five years, he did not have any intention or ability to repay it.

In this regard, the Defendant: (a) deceiving the victim as above; (b) received 1 million won from the victim’s Saemaul Treasury account in the name of the Defendant from the victim; and (c) did so by deceiving the victim; (c) on October 20, 2014, the Defendant sent the victim B’s account in Daegu Dong-gu, Daegu-gu, Seoul-gu; (d) held the victim’s Cheonghwa-gu, as the victim’s B operation D, that reads the victim’s Cheonghwa-gu, and reads that “The Defendant borrowed the money to be assigned as security.”

In fact, however, the white person who the defendant left as security will sell on his behalf to E by the defendant as his own owner.

The defendant was only a member of the Supreme Court, and the defendant had no certain income from bad credit standing for five years, so even if he borrowed money from the injured party, he did not have the intention or ability to repay it.

However, the defendant deceivings the victim as above and belongs to it to the Saemaul Treasury account in the name of the defendant from the person who suffered the damage, and belonged to 29 million won by receiving the passbook without passbook. The summary of the evidence was as well.

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of the suspect of the defendant (including two times and part concerning the examination of the suspect);

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

1. The reasons for sentencing in Articles 70(1) and 69(2) of the Criminal Act are several times the criminal records of the defendant with the same criminal records.

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