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(영문) 부산지방법원 2016.09.22 2016고정2399
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 25, 2015, the Defendant made a false statement to the effect that the Defendant, in the 12th floor of the Busan B building located in the headquarters of Busan headquarters, intends to carry out insurance business at “C”, which is located in the headquarters of Busan headquarters, “C”, and provided with computers and equipment, and borrowed KRW 10 million for the performance of electrical construction works, etc., until October 15, 2015, the Defendant would complete payment.

However, at the time, the Defendant was thought to use the above borrowed money as the personal living expenses of the Defendant, even if there was no special revenue source and the victim borrowed money from the above victim, and there was no intention or ability to use the borrowed money for insurance business or to change it on the payment date.

Nevertheless, the defendant deceivings the victim as above and acquired 10 million won through the Busan Bank account (F) in the name of the defendant E on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on transactions with Busan Bank;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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