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(영문) 부산지방법원 2015.02.13 2014고정5098
사기
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A around January 3, 2012, the victim E introduced through Do-ro, B, Do-ro, the land on which the Fstudio building was planned to be located, building permission was obtained, and the one unit of the house on this land is to be removed, and the amount to be used as the cost of removal is to be paid, 7 million won is to be paid, 2.1 million won and interest is to be paid up until March 16, 2012, and if the money is not paid within the period, 3 floors of the studio building is to be paid." The defendant B, the next part of the defendant B, who borrowed Do-ro, the promise to pay 7 million won to South Korea by the due date, and if Do-dong is not repaid, Do-ro, the joint and several surety will be repaid."

However, Defendant A did not secure land for the studio building; Defendant A did not have the ability to construct the studio building; Defendant A did not have the ability to repay the studio building even if there was no special property or income at the time, and Defendant B was well aware of such circumstances; Defendant B did not have the ability to repay the studio building even if she borrowed money from the victim; and there was no ability to borrow money from his/her her her fudio.

From March 10, 2012, the Defendants had the victim by deceiving the victim as such and received seven million won from the victim as the borrowed money from the H restaurant located in Busan Metropolitan Government G.

As a result, the Defendants conspired to acquire seven million won from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. A copy of complaint, a loan certificate;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 347(1) and 347(1) of the Criminal Act and the Defendants’ choice of punishment for the crime: Articles 347(1) and 30 of the Criminal Act

1. Defendants to be detained in the workhouse: Article 70(1) and (2) of the Criminal Act.

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