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(영문) 부산지방법원 2016.01.13 2015고정3904
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant did not have been hospitalized in the hospital at his own expense, and even if his father borrowed money from the victim B due to a large amount of debt, he did not have an intention or ability to pay the money until the agreed date.

On November 4, 2012, the Defendant called the victim at the address of the Busan Dong-gu C, Busan, and called “the father was hospitalized at the hospital due to serious heart symptoms, and the hospital expenses are urgently required, and thus, he would be repaid within one month from the hospital expenses.” The Defendant received 350,000 won from the injured party to the new bank (E) account in the name of the birth parents of the Defendant’s death. On November 9, 2012, the Defendant borrowed 1,000,000 won from the father’s heart hospital to 0,000 won and transferred 0,000 won from the Plaintiff’s death to 0,000,000 won from the Plaintiff’s death at the same location, and the mother was transferred from 0,000,000 won from the Plaintiff’s death to 0,000,000 won in total from 0,000,000 won from the Plaintiff’s death to 0,013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of the relevant Acts and subordinate statutes to evidential materials (Stockholm content), and copies of passbook transactions;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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