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(영문) 부산지방법원 2020.02.20 2019고정1481
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

The Defendant was a person with no certain occupation and was a past worker with the victim B (Nam, 60 years of age).

On July 12, 2017, the Defendant, at the Busan Jung-gu C building and the office of corporation E, the victim located in D, saying, “The Defendant would sell the house in which 20 million won is living and immediately repay the house if she would have leased the house to the F bank account in the name of the Defendant on the same day as the victim believed that it is true, on the ground that the victim was transferred KRW 20 million to the F bank account in the name of the Defendant on the same day.”

In fact, at the time of borrowing money from the victim, the Defendant had no intention or ability to repay the amount of KRW 230,000,000,000 apartment loan worth KRW 160,000,000 for H bank loan, KRW 160,000,000 for I bank loan, approximately KRW 10,000,000 for card loan loan, and KRW 100,000,000 from the victim.

Accordingly, the defendant deceivings the victim as above and acquired 20 million won as the borrowed money from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused, and a protocol concerning the police interrogation;

1. Protocol of the police statement concerning B;

1. A report on investigation;

1. Application of Acts and subordinate statutes on a complaint and a loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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;

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