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(영문) 창원지방법원 진주지원 2019.09.27 2019고정47
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around 18:00 on December 18, 2017, the Defendant called the victim C (Woo, 58 years of age) at the Jinju-si B office to pay money with the purchase fund of apartment. If the Defendant borrowed money, he/she stated that he/she will immediately pay the installment savings he/she has paid the deposit when the maturity of the installment savings he/she has paid.

However, even if the defendant borrowed money, the defendant did not intend to purchase the apartment and did not have any intent or ability to repay the borrowed money.

On January 3, 2018, the Defendant, by deceiving the victim, received KRW 5 million from the victim at the same time and transferred the same time and at the same time, acquired KRW 4 million from the victim and acquired KRW 9 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning filing of a complaint, a copy of a loan certificate, a copy of passbook, a copy of telephone banking details, and a specification of transactions;

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime: Article 347 (1) of the Criminal Act; Selection of a fine;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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