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(영문) 부산지방법원 2017.11.16 2017고정606
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On September 28, 2017, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Busan District Court for fraud, etc., and on October 11, 2017, the said judgment became final and conclusive.

On March 2014, the Defendant promised to take the main role in “D” operated by the Victim C in Busan-gu, Busan-do, to borrow money from the victims as follows.

However, the defendant did not have an intention or ability to pay the borrowed money, because he did not have an intention to do so mainly at the above establishment.

Nevertheless, the Defendant:

1. On March 25, 2014, the victim stated in the above D that the victim “to repay KRW 7 million to the existing business establishment,” and that “to repay the amount of KRW 7 million with the loan of KRW 7 million to the previous business establishment,” which the victim obtains by transfer KRW 7 million from the victim to the head of the Tong immediately from the victim’s damage.

2. The same year;

3. On 28. 28. Track for the victim at the border, “Isk for an operation at a hospital with an Abane disease.”

The phrase “to repay by borrowing KRW 2 million in operating expenses” means “to repay by borrowing KRW 2 million, and it shall be obtained from the injured party by acquiring KRW 2 million from the Defendant’s passbook to the Defendant’s passbook;

3. The same year; and

4. 3. In light of the above D, the victim needs to look at the hospital in which Agros are hospitalized in the hospital in which Agros are hospitalized in the victim in the amount of 50,000 won.

The phrase "to perform a debt by lending KRW 500,000,000,000," was acquired by acquiring 500,000 won from the damaged person to the head of the Tong immediately.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. A report on investigation, a copy of a loan certificate, and a copy of the investigation report;

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Aggravation concurrent crimes;

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