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(영문) 부산지방법원 2014.08.22 2014고정329
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 2009, the Defendant: “The Defendant purchased the factory site 1,300 square meters located in Busan, Seosan-gu F, and 7 other seven parcels of land, and obtained permission for civil engineering works; the Defendant may immediately commence the construction on the face of provisional seizure established in the register; and he shall use it only for six months for full payment and lend 5 million won.”

However, when the above victim refused to have no money, the said victim made a false statement to the effect that “(5 million won) in the construction site would operate the brin restaurant and the 5.4 billion dub structural frame at the construction site if it is lent.”

However, there was no intention or ability to pay the money even after the money is received.

On August 17, 2009, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the account in the name of G bank account in the name of G on August 17, 2009 and acquired it by defrauded.

Summary of Evidence

1. C’s legal statement;

1. A copy of the notice of change of form and quality of land, a certified copy of the real estate register and estimates;

1. A copy of public notice of construction permission, and a copy of deposit transaction statement; and

1. Responses to inquiries about construction permission and replys to inquiries about the fact;

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

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 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;

1. Article 25 (3) 3, Article 32 (1) 1, 3, and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Orders for Compensation (the scope of liability for compensation is illegal after the closure of pleadings are applied for, and the scope of liability for compensation is unclear);

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