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(영문) 부산지방법원 2012.10.18 2012고정3713
사기
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 26, 2010, the Defendant was sentenced to one year and two months as a crime of violating the Act on the Control of Narcotics, Etc. at the Busan District Court on January 27, 201, and the judgment became final and conclusive on January 26, 201. On January 26, 2011, the Busan High Court sentenced six years to imprisonment for a crime of violating the Act on the Control of Narcotics, etc. at the Busan High Court on April 14, 201, and the judgment became final and conclusive on July 29, 201.

On March 26, 2010, the Defendant made a false statement to the victim C in front of the Busan Jin-gu B apartment 310-dong, Busan, stating that “I will use it as the attorney’s appointment fee if I borrowed 2 million won since the attorney’s appointment fee is insufficient, and will complete the payment after the month.”

However, even if the victim borrowed money from the beginning, it was thought to purchase narcotics, and there was no intention or ability to repay the money borrowed from the victim.

In the end, the Defendant, as above, made a false statement to the victim, and obtained 2 million won from the victim as the cost of appointing an attorney-at-law around March 27, 2010 and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. A complaint;

1. Previous records of judgment: Criminal records, previous records of disposition, results of confirmation, case search, and application of statutes to each copy of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Selection of Fine;

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

1. Articles 70 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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