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(영문) 창원지방법원 2015.08.19 2015고정691
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 12, 2014, the Defendant was sentenced to imprisonment for a crime of fraud at the Changwon District Court for three years and six months, and the judgment became final and conclusive on the 20th of the same month.

【Criminal Facts】

1. On March 13, 2014, the Defendant did not have the intent or ability to purchase parts even if he received the purchase cost of automobile parts from the victim B, and did not have the intent to repay the parts even if he borrowed money.

Nevertheless, on March 13, 2014, the Defendant knew of a maintenance business entity that installs parts of a modern NAS car by telephone to the victim B, and can be installed in a wurd, so it was possible to purchase a high-string crost, a crost, a croding, and a hurst, installed together with the purchase of a high-string crop, a 1210,000 won was delivered twice as the purchase price for the above parts through its company bank account (C).

2. On April 7, 2014, the Defendant: (a) lent KRW 300,000,000 to the victim by telephone on April 7, 2014; and (b) received KRW 300,00 from the said account on the following day; (c) the Defendant was granted KRW 300,000 for borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A detailed statement of deposits into and withdrawal from the accounts of the National Bank, and a credit passbook;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, inquiry reports, investigation reports (attached to indictments, etc.);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse.

5. Article 334 (1) of the Criminal Procedure Act.

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