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(영문) 부산지방법원 2013.11.07 2013고정4232
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On April 3, 2012, the Defendant, on April 3, 2012, made a false statement to the effect that “The Defendant would complete payment after the vehicle, if he/she borrowed KRW 3 million as he/she needs to pay the hospital expenses,” at the office of Dental Institute operated by the victim C in Busan Northern-gu, Busan.”

However, there was no fact that the father of the defendant was hospitalized in the hospital, and the defendant did not have any property, and even if he borrowed money from the victim with a debt of about KRW 100 million, he did not have an intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received 3 million won from the victim to the Busan Bank Account in the name of the borrowed money on the same day.

2. On January 25, 2013, the Defendant committed the crime of January 25, 2013, 2013, at the office of the pertinent Dental Institute, the Defendant made a false statement to the victim, stating, “I would complete payment if I would lend KRW 4 million to I would return I would return I would like to I would return I would return I would like to I would return I would return I would like to I would return I would like to I would return I would return I would like

However, there was no fact that the father of the defendant was hospitalized in the hospital, and the defendant did not have any property, and even if he borrowed money from the victim with a debt of about KRW 100 million, he did not have an intention or ability to pay it.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim as the borrowed money on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A teachers' service contract, and a letter of order;

1. Application of Acts and subordinate statutes to report on investigation (Attachment of a written opinion of sending a case);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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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