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Reasons
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(영문) 부산지방법원 동부지원 2015.12.17 2015고정731
사기
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Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On July 21, 2012, the defendant introduced C(56 years of age) from the victim C(56) who is the largest of the defendant at the Gangnam-gu Seoul Seo-dong, Gangnam-gu, Seoul. The defendant stated to the effect that "I think it will be operated in winter, and the preparation fund is necessary. I will lend 10 million won, interest shall be paid in 250,000 won per month, and the principal shall be repaid after three months."

However, the defendant had already been able to pay 10 million won at that time even if he borrowed 10 million won from the victim, there was no intention or ability to pay 10 million won at that time, since he had already been able to close the business due to a business depression in Songpa-gu Seoul, and there was no particular revenue or asset, and it was difficult for the defendant to pay 10 million won at that time.

The Defendant received KRW 10 million from the victim, namely, from the victim, to the Agricultural Cooperative Account of D, who is the wife B, and acquired pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of statement C prepared by the police;

1. Each description of an investigation report (to listen to and report on telephone statements, complainant C), investigation report (to listen to and report on telephone statements, and witness B) prepared by the prosecution;

1. Application of the Acts and subordinate statutes to each of the copies of a cash custody certificate (Evidence No. 4), each of the Acts and subordinate statutes stated in the personal financial transaction (Evidence No. 40, 53-58) (Evidence Records);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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