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(영문) 부산지방법원 2016.11.28 2016고정2491
사기
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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

On January 29, 2014, the Defendant concluded that “The Defendant would refund the construction cost of KRW 11 million to the victim at the interest rate by February 28, 2014, if he/she borrowed the construction cost to the victim at the Cmiddle School located in the Busan Northern-gu B site.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, on February 14, 2014, including the fact that the Defendant received KRW 11 million from the victim for the same day as the borrowed money from the victim, the Defendant is the amount calculated by deducting KRW 6 million from the victim for the borrowed money the amount of KRW 2.7 million as the borrowed money from KRW 3 million on February 2014.

received 19.7 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of borrowing or a certificate of borrowing;

1. A construction contract, a detailed statement of financial transactions and a detailed statement of deposit transactions;

1. Requests for cooperation in investigation and the application of Acts and subordinate statutes governing credit information inquiry;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant voluntarily agreed with the victim to withdraw his complaint against the defendant after the issuance of the summary order, and the amount of fine determined by the summary order shall be reduced by taking into account all factors of sentencing as indicated in the instant case, such as the motive, means and consequence of the instant crime, and the circumstances after

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