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(영문) 부산지방법원 2014.01.22 2013고정5751
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is between B and C, who is the complainant.

1. On September 27, 2011, the Defendant obtained one million won in cash on the same day from the complainant who believed that he/she is located in the Geum-gu Busan, which is operated by the complainant at the time of the accident, and acquired it by deception within the scope of the DKaf. D. “D.” and received one million won in cash on the same day from the complainant who believed it.

2. On January 13, 2012, the Defendant, at the place under the preceding paragraph, obtained KRW 1.5 million on the same day from the complainant who believed that “I would prevent the card value, and would return the card value after being paid and then receive cash services.”

3. On April 30, 2012, at the place under the preceding paragraph, the Defendant: (a) transferred 450,000 won to the head of the Defendant’s passbook from the complainant who believed that “I go to the post feude office, and reported to the police by using the argue name. If so, I would be complicated, and I would like to give a match. I sent 450,000 won and then complete the coffee shop.”

4. On May 25, 2012, the Defendant, at the place under the preceding paragraph, received KRW 2 million from the complainant, which read, “The complainant is in the state of having a talk about the start-up of a business, his father is also Doing, his father is also Doing, and his father has been fully repaid with other debts. If he borrowed from groths only 2 million won, he shall be repaid with the loan of a business start-up.” The Defendant acquired KRW 2 million on the same day from the complainant, and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on authentic deeds and details of loan transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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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