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(영문) 부산지방법원 2016.12.28 2016고단6146
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around December 2014, the Defendant asked the Defendant to lend money to the Defendant, “C” restaurant located in the Busan Seo-gu, Busan, with the victim D, who was aware of the same fee, while working in the same company as a tugboat, but the Defendant requested the victim to lend money for three months and to pay the money if he/she borrowed 30 million won only. The monthly interest will also be paid.”

However, while working for the company, the Defendant received the amount of money equivalent to three million won. However, even if he borrowed money from the victim, the Defendant did not have any intention or ability to repay the interest or principal, even if he borrowed money from the victim, the Defendant did not have any intention or ability to do so.

Nevertheless, the Defendant, as above, made a false statement to the victim, and received 20 million won from the victim as a loan, including KRW 7 million on December 25, 2014, KRW 20 million on January 9, 2015, and KRW 1 million on January 12, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning D statements made to the prosecution of the defendant in the suspect examination protocol;

1. Application of Acts and subordinate statutes on account transfer;

1. The crime of this case on the grounds of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act for sentencing for the punishment of the crime of this case is committed by the Defendant by deceiving the victim as above, thereby deceiving the victim, and not recovering from damage. The nature of the crime is bad.

However, the sentencing conditions in the records, such as the defendant's age, occupation, character and conduct, family relation, motive and background of the crime, and circumstances after the crime, shall be determined by taking into account the following factors.

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