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(영문) 부산지방법원 2021.01.20 2020고정1195
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

On April 30, 2018, the Defendant was sentenced to six months of imprisonment for fraud, two years of suspended execution, and 120 hours of community service order at the Busan District Court on April 30, 2018, and the above judgment became final and conclusive on May 9, 2018.

The records of the ruling are the concurrent crimes after Article 39 of the Criminal Act, and they do not give any substantial disadvantage to the defendant's exercise of his right of defense.

Since it was shown, it is recognized ex officio without Amendments to Bill of Indictment.

1. On April 27, 2018, the Defendant made a false statement to the effect that “only 10 million won has been used for money,” the Defendant borrowed 10 million won on the 25th day of each month to the victim B at the coffee shop in Busan-gu, Busan-gu, Busan-do.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 50,000,000 from the victim to the personal compromise account (C) in the name of the Defendant on the same day, and received KRW 9.5 million from the victim.

2. On April 28, 2018, the Defendant received KRW 100,000,000 from the victim, who was in a false manner, to the effect that “The victim shall pay 100,000 won to the head of the insurance company team to lend money to him/her,” and that “The victim shall pay 100,000 won to him/her from the victim’s account in the name of the Defendant.”

Summary of Evidence

1. Statement by the defendant in court;

1. The provisions of Acts and subordinate statutes governing B including the investigation report on the police statement Nos. 1 and 2 times as to B (as to the submission of a statement of trading that is a complainant), investigation report (as to the submission of a statement of trading that is a complainant), investigation report (as to the submission of a document of Stockholm and process), investigation report (as to the submission of a statement of loans that is a

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 (2) of the Criminal Act to attract a workhouse.

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