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(영문) 부산지방법원 2016.11.03 2016고정3166
사기등
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

1. On March 13, 2015, the fraud Defendant, who was working as the chief secretary at the “J” temple, the victim I located in Seo-gu Busan, Seo-gu, Busan, stating that “I will use and repay only to the victim only if I lend money due to a shortage of funds for opening the coffee shop.”

However, even if the defendant borrowed money from the victim, he did not intend to repay it to the victim.

As such, the Defendant, by deceiving the victim, received seven copies of the KRW 1 million check from the victim, i.e., one million won check from the seat, and received one copy of the KRW 8 million check around March 19, 2015, and acquired it by defrauding KRW 15 million.

2. 모욕 피고인은 2015. 5. 20. 13:12경 위 ‘J’ 사찰 사무실에서 여러 신도들이 듣고 있는 가운데 피해자와 피고인의 딸이 내연관계에 있다는 이유로 피해자에게 “내 딸을 좋아했으면 가서 잘살라고 빌어줘야 되나, 이 새끼야 깽판을 놔야 되나, 마누라까지 자식아 삼을거야”, “이 새끼야 개새끼야, 호로새끼 아이가, 니가 이 새끼야, 중 자격이 있어”라고 큰소리로 욕설을 하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police officer to I;

1. The Defendant asserts that the account entry statement was given money from the victim under this law, but the victim merely paid the above money to himself/herself under the pretext of money for congratulations and not borrowed.

On the contrary, while the victim consistently stated that he/she lent money to the defendant from the investigative agency to this court, the defendant did not receive money from the original victim, and the defendant received money from the victim while he/she was under investigation while resisting the victim's assertion that he/she did not receive money from the original victim.

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