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(영문) 창원지방법원 마산지원 2018.12.19 2018고정306
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On December 6, 2016, the Defendant is obliged to pay the victim D the deposit money to the previous tenants in order to operate a model restaurant for a cover-to-land land in the Yongsan-gu, Changwon-si, Changwon-si. The Defendant is obliged to pay the victim D the deposit interest every month when borrowing money.

The phrase “ makes a false statement.”

However, in fact, the defendant did not use the above money as a security deposit by borrowing the above money from the damaged party, and there was no intention or ability to repay the above money as the defendant already bears the obligation of about 11 million won.

As above, the defendant deceivings the victim, and thereby deceiving the victim by receiving one copy of the KRW 8 million check from the victim on September of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each report on investigation;

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

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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;

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