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(영문) 부산지방법원 2018.01.17 2017고정2183
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On February 201, 201, the Defendant may receive profits from the victim D within the “C Hospital” located in Busan Jin-gu, Busan, where the Defendant made an investment between the seeds.

In the case of lending money, 100,000 won shall be paid to each month by making an investment, and the principal shall be returned immediately when the repayment is requested.

“False speech was made to the effect that it was “.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent to make an investment between the seeds, and there was no intention or ability to pay the said money.

On February 22, 2011, the Defendant received 60,000 won from the damaged party to the Agricultural Cooperative Account in the name of E around February 2, 201, and received 5,960,00 won in total from the time up to May 16, 201, from the time on eight occasions, such as the list of crimes in the attached list of crimes.

2. On April 201, 201, the Defendant would lend a credit card to the victim D from the first place to the police officer on April 2011.

The phrase “ makes a false statement.”

However, even if the defendant uses the credit card of the victim, the defendant did not have the intention or ability to pay the price.

On April 16, 201, the Defendant received the credit card from the Busan Bank from the injured party, and acquired a total of KRW 2,471,700, including KRW 304,700, KRW 87,000, and KRW 2,471,70, and KRW 87,000, as of April 19, 201, and the Defendant did not pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

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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