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(영문) 부산지방법원 동부지원 2017.03.23 2016고정1249
사기
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. Fraud (jor fraud) is the relationship between the Defendant and the complainant M (31 years and inn) with a person whose occupation could not be known, and the Defendant was only one month after the introduction of a person around October 2014.

The defendant, on November 26, 2014, lent 300,000 won to the complainant by telephone at the Seocho-dong, Busan Metropolitan City around November 17:32, 201, if he/she needs to pay money to the complainant, he/she shall pay the money immediately.

In addition to deception, 1760,000 won was borrowed from the complainants over five times, such as the list of crimes (1).

However, even if the defendant received the money from the complainant, he did not have the intention or ability to repay the borrowed money.

Nevertheless, the defendant received a total of 1760,000 won from the complainant and acquired it by fraud.

2. Around March 31, 2015, the Defendant: (a) posted the statement that the Victim N (23 Does, South) posted on the Internet bulletin board of a country’s website that “I would want to purchase automobile accessories; and (b) made a false statement by communicating the victim with “I would send parts if I would first transfer money.”

However, even if the defendant received money from the beginning, he did not have any intention or ability to send the goods promised.

Nevertheless, the defendant deceivings the victim as above and received 180,000 won from the Busan Bank's O account under the name of E as sales proceeds, and acquired a total of 1,710,000 won as shown in the attached crime list (2).

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police report on M, P, and Q;

1. Application of each statute of the N, R, S, and T Preparation

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of 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. Articles 70 and 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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