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(영문) 부산지방법원 동부지원 2018.01.18 2017고정796
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 2015, the Defendant calls several times to the victim C who was a sexual intercourse, and “it is difficult to operate his/her father, and it is also necessary to operate his/her business to open his/her public room.”

Even if a loan is received, a building in Daegu will be provided as security if it is lent money.

The interest of the loan will be paid on a deposit basis, and the principal will be repaid without a mold after five months.

The purport was that the lending of money would not be more bullying.

However, the defendant did not have any particular property or revenue source at the time, and was unable to provide the above building as security from the beginning, and even if he borrowed money from the victim, he did not have any intent or ability to repay interest and principal according to the agreement.

Accordingly, the Defendant, by deceiving the victim as above, received 30 million won from the financial institution from the victim on May 11, 2015 after receiving the loan from the financial institution.

Summary of Evidence

1. D Legal statements;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police against D;

1. Certification of text messages and contents (including an amount of money deposited, a certified copy of the register, or a borrowed certificate) among the accusation books and accompanying files;

1. Investigation report (related to the submission of reference materials);

1. Content certification (sponsing No. 185 to 188 of the evidence record) and text messages (sponsing No. 190 to 219 of the evidence record) among investigation reports (sponsing to contact with the victim and accompanied by attorney-at-law’s written opinions);

1. Investigation report (Attachment, etc. of the details of replies to Nonghyup);

1. Whether it is possible to send text messages to the sender of the report;

1. Investigation report (E telephone conversations);

1. The Defendant denies all the facts constituting an offense by asserting that it was only a kind of donation from a person who was under his/her control, on investigation reports (Presentation of Materials) and accompanying materials (the text, D’s statement, and Kakao Stockholm message).

During the period from July 2015 to November 201 of the same year, the defendant submitted.

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