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Reasons
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(영문) 창원지방법원 진주지원 2013.06.13 2013고정132
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 60,000 won.

Reasons

Punishment of the crime

1. On August 21, 2009, the Defendant sent a telephone to the victim D in Busan, Busan, Busan, the Defendant made a false statement to the effect that “I would pay money to Igre that Igre would want to transfer the ownership of the land. I would like to pay Igre money immediately if Igreged KRW 15 million.”

However, in fact, the defendant had received a request from a third party to provide a loan from a third party, who was a third party, and the registration of transfer of ownership of land was not at all, and it was thought that he would lend money from a victim to another party via E.

Ultimately, the Defendant, by deceiving the victim as above, wired the amount of KRW 15 million to the Agricultural Cooperative head of the F Religious Organization G used by E on the same day, thereby having E obtain pecuniary benefits equivalent to the same amount.

2. Around September 14, 2009, the Defendant sent a phone call to the victim D at the place specified in paragraph (1) and made a false statement to the effect that “The Defendant may pay money to KRW 30 million,000,000,000,000,000,000,000,000 won for the registration of ownership transfer with the money first entered.”

However, in fact, the defendant was requested by the above others to lend money to the above others, and the transfer of ownership to the land was not done at all, and the defendant was thought to lend money to the above others through E when he received money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, wired the amount of KRW 30 million to the Agricultural Cooperative head of the F Religious Organization G used by E on the same day, thereby having E obtain pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution;

1. Second police suspect interrogation protocol regarding E;

1. Statement made to D by the police;

1. Application of the law of the instrument of borrowing.

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