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(영문) 부산지방법원 2017.06.21 2017고정551
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 November 18, 2016, the Defendant was sentenced to imprisonment with prison labor and eight years and eight months at the Busan District Court for fraud, etc., and the judgment became final and conclusive on February 9, 2017.

On January 2015, the Defendant made a false statement to the effect that the Defendant would purchase the second class of the second class of the second class of the second class of the second class of the first class of the second class of the second class of the second class of the second class of the second class of the first class of the second class of the second class of the second class of the second class of the second class of the second class of the second class of the second class

However, even if the defendant received money from the injured party, he did not have the intention or ability to purchase the vehicle with the main body of the injured party.

Nevertheless, on January 16, 2015, the Defendant received KRW 2 million from the injured party to the account under the name of the Defendant (CF) designated on January 16, 2015, KRW 3 million to the above account on January 29, 2015, and KRW 2 million to the above account on March 4, 2015, and acquired KRW 7 million in total by transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Police investigation report ( telephone conversations with witnesses C);

1. Details of transactions with free savings, etc.;

1. Previous conviction: Application of Acts and subordinate statutes concerning the results of case search;

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

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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