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(영문) 제주지방법원 2016.01.05 2015고정495
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

The facts are that the defendant merely plans to use money for personal use even if he/she borrows money from the injured party for the purpose of purchasing money in excess, and the sales business chain "C" that the defendant said that the injured party is operated is already closed, and there was no intention or ability to fully repay the money borrowed from the injured party.

Nevertheless, on September 2012, the Defendant presented the name of the said company while working in the “E” coffee shop located in D at around September 2012, the Defendant presented the victim F (48 years old) as if the said C was normally operated. “C operates the trade name of the “C,” and then, tried to ship the smuggling to the land portion.

When a person lends money, he/she will normalize the above excess amount into three to four months to repay the money.

“A false statement to the effect that “” was obtained from the injured party on October 17, 2012, 200,000 won around October 17, 2012, and 4.5 million won around October 20, 2012 from the injured party, and acquired the money by defrauding it to the Nonghyup Bank account in the name of the accused.

Summary of Evidence

1. Statement made by the prosecution against the F;

1. A protocol concerning the examination of the police officers of the accused;

1. A complaint;

1. Application of Acts and subordinate statutes to a detailed statement of payment of damages;

1. Relevant legal provisions and the choice of punishment concerning facts constituting a crime: Article 347 (1) of the Criminal Act and the choice of fines;

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It shall be decided as per the Disposition for not less than Article 334 (1) of the Criminal Procedure Act;

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