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(영문) 창원지방법원 2016.06.01 2016고정103
사기
Text

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

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

Reasons

Punishment of the crime

The defendant is a taxi engineer, and the victim C is a person who operates a 'E' restaurant on the first floor of the D Building in Changwon-si.

On November 2013, the Defendant, at a restaurant operated by the injured party, opened a son's name in the victim's restaurant. "The son opened the son's name, and there is no money for the son's name.

The deposit shall be borrowed. It shall be repaid in 20,000 won per day.

The phrase “the phrase was false.”

However, the defendant did not have any intention or ability to pay the borrowed money from the injured party.

As such, the Defendant, by deceiving the complainant, received KRW 3 million from the injured party on November 15, 2013, and acquired it by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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