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(영문) 부산지방법원 2018.05.02 2018고정433
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 February 7, 2013, the Defendant was sentenced to two years of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on September 12, 2013.

1. On December 9, 2008, the Defendant: (a) within the E-private teaching institute operated by the victim D (59 tax, south) located in Geum-gu, Busan; (b) around December 9, 2008, the Defendant loaned 13 million won to the victim when he was urgently used; (c) introduced the land of Young-gu, Sinsan; and (d) imported the land from the Plaintiff for the purpose of offering it to the Plaintiff; or (d) received money from the Plaintiff when he sold the said land immediately.

“Along with the fact,” the part of this case obtained cash 13 million won from the injured party for the purpose of borrowing at the same place and acquired it by fraud.

2. On January 9, 2009, the Defendant, at the same place as above, sold and repaid the land purchased jointly with the omission in the system to the victim at the same time and at the same time. In addition, the Defendant acquired the land by borrowing two million won in cash from the damaged person at that place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Copy of the loan certificate;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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