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(영문) 부산지방법원 2015.07.15 2015고정1747
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2015 fixed-term 1747] On March 25, 2013, the Defendant made a false statement to the effect that “the Defendant will work as an employee from the day on which he/she was on his/her own face,” even though he/she did not have any intent or ability to work as an employee even if he/she received money from the victim,” which reads to the effect that “the Defendant will work as an employee from the day on which he/she was on his/her face.”

As above, the Defendant, by deceiving the victim, received 1.5 million won from the victim to the agricultural bank account of the Defendant under the pretext of prepaid money, and acquired it by deceit.

[2015 High Court Decision 2055] The Defendant was a person who operated a “F cafeteria” in Busan Metropolitan Government E.

Even if the Defendant borrowed money from the victim G (the age of 64) but did not have the intent or ability to repay it, the Defendant received from the victim “F cafeteria” the sum of KRW 3 million from the victim “on June 1, 2013 to KRW 3 million, the principal shall be repaid until September 1, 2013, and the interest shall be paid KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.” By the above method as above, the Defendant received KRW 2 million from the complainant on June 25, 2013.

Summary of Evidence

[2015 High Court Decision 1747]

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written complaint (attached to the certificate of rent and the details of entry and withdrawal)

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a copy of a loan certificate, a copy of cash storage certificate, a copy of a real estate lease contract, a duplicate, and a statement of account transactions

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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

1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.

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