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(영문) 부산지방법원 동부지원 2019.11.29 2019고정347
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 8, 2018, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to fraud, etc. in the Busan District Court’s Dong Branch Branch. The above judgment became final and conclusive on August 17, 2018.

【Criminal Facts】

The defendant and the victim B are those who work for the workplace from the security team located in Pyeongtaek-gun, Gangwon-do in 201 and become aware of.

On March 17, 2018, the Defendant stated to the effect that “The business funds are needed to operate a new business at home” to the victim from the Defendant’s home located in Busan-gu, Busan-gu, and “I will pay back one month after the payment if I lend money.”

However, in fact, the defendant did not have any particular property at the time, and he did not have any intention or ability to pay the amount of 20 million won or more with credit card payments and loans even if he borrowed money from the victim, and there was no intention to use it as business funds.

As such, on March 17, 2018, the Defendant, by deceiving the victim, received KRW 9 million from the victim to the national bank account (E) in the name of the Defendant.

Accordingly, the defendant deceivings the victim and defrauds 9 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Details of text messages, details of account transactions, financial transactions by the principal, and credit information history;

1. Previous records of judgment: Criminal records, reply reports on consolidated cases, results of inquiry into consolidated cases, application of statutes governing decisions by the Busan District Court at the same level as the Dong branch of the Busan District Court;

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 (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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