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(영문) 창원지방법원 2017.08.09 2017고정349
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On May 24, 2015, the Defendant: “A victim C who was aware of the Defendant’s birth from “a mountain resting place” located in Busan Metropolitan City on May 24, 2015 due to the introduction of the Defendant’s birth is deemed to have labor cost and pesticide value.”

A loan of KRW 5 million shall be paid with interest of KRW 5,500,000,000 after one month.

“A false statement” was made.

However, the facts did not have the intention or ability to repay the money even if they borrowed money from the injured party.

The defendant deceivings the victim as above and acquired 5 million won from the victim to the Agricultural Cooperative Account of D on May 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes governing deposit increase in banks;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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