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(영문) 창원지방법원 밀양지원 2017.08.08 2016고정200
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was a person who operated the Korean restaurant in the Philippines, and the victim C was aware of the relationship with the above restaurant.

On August 2013, 2013, the Republic of Korea, from the Republic of Korea, calls from the victim who was in the Republic of Korea, shall operate a restaurant with money of KRW 10 million from the funds for the operation of the restaurant and shall repay the money one year after the operation of the restaurant.

‘False speech' was made.

However, there was no intention or ability to repay the borrowed money even after borrowing the money from the injured party.

Around October 2, 2013, the Defendant deceivings the victim as above and received KRW 10 million from the account under the name of the husband D to E under the name of the victim’s husband D as the borrowed money from the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

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

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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