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(영문) 부산지방법원 2013.07.25 2013고정2211
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 23, 2009, the Defendant made a false statement to the victim C that “I would make a joint investment, such as the chain president, return the investment money to the president, and operate the mixed loan, if I lend KRW 50 million to the president, I would pay the interest and principal of each month.”

However, at the time, the Defendant had no intent or ability to repay the above loan to the victim by using the loan money from the beginning even if the Defendant borrowed the business fund from the victim with credit accumulated because the credit payment, etc. was not repaid and the customer borrowed the business fund from the victim while operating the "E" store in Gyeonggi-do, Chungcheongnam-do.

The Defendant received 20 million won from the victim to the Busan Bank's Busan Bank's Financial Account on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes to a detailed statement of transactions in passbook, a copy of borrowing certificate, and a copy;

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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