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(영문) 부산지방법원 2014.12.17 2014고단6725
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 11, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court, and the decision was finalized on June 27, 2014.

On January 3, 2012, the Defendant stated that “D” restaurant located in Busan Jung-gu, Busan, would pay the victim E interest on three occasions every month by setting the number of days of lending money, and would return the principal at any time.”

However, in fact, the Defendant did not think that he would use the money borrowed from the victim for an accident in the Internet game item, but did not think that he would lend it to another person. The Defendant did not have any intent or ability to repay it even if he borrowed money from the victim, since he did not receive the principal or interest of the money from the lending company in 2009 because he did not have any property or income. The amount borrowed from the lending company around 2009 and 25 million won in 200,000 won in 201, and even if he borrowed money from another person, he did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received money from the victim on January 6, 2012 and 4 million won from the victim on February 9, 2012, respectively, and acquired it by deception.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement of E;

1. Records before judgment: Application of inquiries, such as criminal records, etc., background records, and reporting of results of confirmation Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the Criminal Code for the custody of the workhouses have not been restored to the damage, and the defendant has not denied the crime. However, in light of the above evidence and the circumstances of this case known by the records, the extent of the defendant's deception seems to be relatively weak, and the defendant has already paid approximately KRW 2,30,000 to the victim.

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