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(영문) 부산지방법원 2014.06.18 2014고정959
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 25, 2011, the Defendant stated that “The Defendant would be able to immediately prepare and implement the project funds for the construction of officetels and the construction of a new commercial building on two parcels, including F in Busan, Jung-gu, Busan, and B, and D, and that “I would be able to take charge of the construction of a model house for commercial buildings and officetels before January 25, 2012, if I would be able to support the cost of the project cost of KRW 20 million.”

However, since the new construction project, which was in progress from 2008, failed to secure funds properly, it did not proceed with the commencement of the construction, and even if the new construction project is subsidized from the victim, there was no intention or ability to leave the model voucher construction to the victim because the implementation of the new construction project itself is not finalized.

Nevertheless, the Defendant, in collusion with D, by deceiving the victim and deceiving it as above, received KRW 10 million from the victim on or around December 27, 201, using G’s deposit account in the name of G, and KRW 5 million on or around January 12, 2012, KRW 3.5 million on or around January 20, 2012, KRW 3.5 million on or around January 20, 2012, KRW 300,000 on or around March 14, 2012, KRW 300,000 on or around August 21, 2012, KRW 200,000 on or around August 28, 2012, KRW 200,000 on or around September 8, 2012.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to each copy of each bankbook or model voucher construction contract;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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