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(영문) 창원지방법원 마산지원 2016.12.02 2016고정491
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

Around July 10, 2015, the Defendant conspired with C, the victim E in the window of Changwon-si, which was operated by the victim E, “If he/she lends money to the victim, he/she would provide the victim with an electronic bill with a face value of KRW 100 million at his/her own face value and pay the borrowed money without fail within one month.”

However, in fact, the Defendant and C did not have certain revenues or capital at the time, and did not have the right to dispose of the aforesaid electronic bills held by G, so there was no intention or ability to repay them even if they borrowed money from the victim.

Nevertheless, around July 14, 2015, the Defendant and C deceiving the victim as above, and then acquired 13.5 million won from the victim to the agricultural bank account in G name as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of C prepared by the police;

1. Each statement of E prepared by the police;

1. Application of Acts and subordinate statutes to a report on investigation (limited to attachment of deposits) and the certificate of deposit confirmation attached thereto;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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