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(영문) 부산지방법원 2014.02.19 2013고정4603
사기등
Text

Defendant shall be punished by a fine of KRW 4,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 10, 2008, the fraud defendant stated that "on the part of the victim D's house located in Busan-gu Busan-gu, the defendant would pay the victim the principal of the apartment purchase on June 20, 2010, with the payment of the principal on June 20, 2010."

However, even if the victim borrowed money from the victim, there was no intention to use it as the apartment purchase fund, was a bad credit holder, there was no particular income, and there was no intention or ability to repay the money borrowed from other persons than the victim, with the amount exceeding 100 million won.

As above, the Defendant, by deceiving the victim as above, was given KRW 10 million on the same day from the victim, and received KRW 20 million on the same day from around the 23th of the same month, and received KRW 20 million on the same day from the victim, and received KRW 31.4 million in total on six occasions, such as the statement in the list of crimes in the attached Form without intent or ability to repay.

2. Around September 1, 2009, the Defendant embezzled the money for personal use by voluntarily using it for the victim, while receiving a request from the victim D to deliver the money to the Defendant at a place where the location is unknown.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspect by the police against the accused;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act and selection of fines for the crime;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that even though the victim agreed with the victim, it appears that the victim inevitably prepared an agreement by setting forth a strict appearance that the victim would not pay the amount of damage upon the payment of the fine, and that the recovery of substantial damage is entirely possible.

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