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(영문) 부산지방법원 동부지원 2012.10.25 2012고정614
사기
Text

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

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

Reasons

Punishment of the crime

On July 10, 2010, the Defendant joined the bid of 20,000 won (Guide 16) as a leader.

On December 10, 2010, the Defendant: (a) knew of the fact that the victim D borrowed the fraternity, and asked the victim to leave the fraternity by changing the order of the fraternity to itself; (b) but was rejected; (c) on December 11, 2010, the victim was issued KRW 6 million from the victim’s seat, namely, the victim’s beliefing that the victim was paid KRW 300,000 per month if the victim borrowed KRW 6 million from the money received from the fraternity; and (d) the victim was paid KRW 6 million from the other party’s seat.

However, in fact, the Defendant did not have the ability to pay the amount of money after receiving the money from the victim, and even if the order of receiving the money was given, C did not have the obligation to pay the money borrowed from the money to the Defendant, and therefore, C did not have the intention or ability to pay the money.

Accordingly, the defendant deceivings the victim, thereby deceiving 6 million won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. A copy of a letter of payment (6 million won);

1. Application of Acts and subordinate statutes to investigation reports;

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;

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