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(영문) 부산지방법원 동부지원 2014.06.09 2014고정217
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 28, 2007, the defendant lent money to the victim D's office located on the first floor of the Busan Metropolitan Government Dadong-gu Dadong-gu Dadong-gu, "if the defendant lends money to the victim for a new house and marriage expenses, the defendant set up a collateral on the deposit for the lease of the apartment, and the borrowed money, until February 2009, shall be repaid until the end of the day of February 2009, to the victim, who is the owner under the deposit for the lease, shall transfer KRW 20 million to F, who is the object of the lease, the object of the deposit for the lease, and issued KRW 20,000,000,000 won of the cashier's checks, and on July 6, 2007, the victim completed the registration of the establishment of a lease on a deposit basis with the deposit money of KRW 30,000,000 for the above apartment.

On January 14, 2010, the Defendant, while carrying out steel materials distribution business, had the Defendant repaid the obligation equivalent to KRW 30 million with the deposit for lease on a deposit basis, and had the victim complete the registration of the establishment of the establishment of the right to lease on a deposit basis in order to repay the obligation with the deposit for lease on a deposit basis. Even if the registration of the establishment of the right to lease on a deposit basis was terminated with respect to the said apartment No. 203, 202, 203, the Defendant acquired the above pecuniary profits from the lease by allowing the victim to terminate the registration of the establishment of the right to lease on a deposit basis without the intent or ability to complete the registration of the establishment of the right to lease on a deposit basis with respect to No. 202, 203, 203, 203, 203, 203, 200,000,000,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a certificate of borrowing;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of an alternative fine for punishment;

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

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