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(영문) 부산지방법원 2017.05.18 2017고정397
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On June 28, 2016, the Defendant was at the Busan Coast Guard room located in the Busan Coast Guard Station located in 26, Busan, the Busan, Jindo-gu, Busan, on June 28, 2016, and the Defendant was unable to leave the detention room to the victim B, other than the amount of a fine, for the lack of KRW 200,000,000,000, and the Defendant would have repaid the amount of money from the head of the Tong to the Gamaa-gu.

2. The term “assumed.”

However, the defendant did not have money in the passbook at the time and did not have any intention or ability to repay money to the victim even if he borrowed money from the victim due to the absence of money.

The defendant deceivings the victim as above and received 200,000 won from the victim, i.e., the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes governing the current status of detained prisoners and the place of service as a custodian;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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