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(영문) 부산지방법원 2014.01.16 2013고정5380
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On November 20, 2012, the Defendant, on November 20, 2012, made a false statement to the victim C, stating that “The Defendant would have repaid KRW 5 million on a one-month basis,” from November 20, 2012 to the victim C.

However, the Defendant had no occupation since May 2012, and there was no other property, so there was no intention or ability to repay the borrowed amount to the victim.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim to the Busan Bank Account (E) in the name of his/her father in the name of his/her father.

2. On December 5, 2012, the Defendant made a false statement to the effect that “The Defendant would have repaid KRW 10 million to the victim at an early stage of lending it to the victim at the same place as the preceding paragraph on December 5, 2012.”

However, the Defendant had no occupation since May 2012, and there was no other property, so there was no intention or ability to repay the borrowed amount to the victim.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim to the Busan Bank account in the name of D for the purpose of borrowing money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to a suspect's detailed statement of transaction of passbook D);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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;

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