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(영문) 부산지방법원 2015.04.09 2015고정313
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, who did not have any particular income, was under the circumstances that he had to pay 25,00,000 won to his personal debt, and even if he borrowed money from others, he did not have any intent or ability to pay it;

1. On April 29, 2013, at a coffee shop where the trade name in the middle-gu Busan Metropolitan City (Seoul Metropolitan City) could not be known, that false statement was made to the victim B, who had previously been in the former relationship, stating that “the purchase of a motor vehicle shall be KRW 7,00,000,000 shall be lent to the victim B.”

The Defendant received 7,00,000 won from the victim’s new bank account (C) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 24, 2013, at a coffee shop where it is difficult to know the trade name located in the middle-gu Busan Metropolitan City, Busan Metropolitan City, Daegu, the said victim made a false statement to the effect that “I will complete payment within three months if I will lend 17,700,000 won to another person while transferring the money by account transfer.”

The Defendant received a total of KRW 9,700,000 from the victim’s account of community credit cooperatives (D) in the name of the Defendant on the same day, and KRW 8,700,000 from the account of the fisheries cooperatives (F) in the name of the Defendant E, and received KRW 17,700,000 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to certified copies of notarial deeds, investigative reports (attached documents on deposits and confirmation of deposit accounts);

1. Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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