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(영문) 창원지방법원 마산지원 2014.01.21 2013고정776
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around 12:00 on June 28, 201, the Defendant stated that “A cafeteria located in Changwon-si, Changwon-si, Masan-si B should hold a director by asking the victim D with a person who has no director, who is frequently tending his/her family members. If the Defendant borrowed KRW 10 million, he/she would receive money for the purchase of the apartment, as he/she sells.”

However, the fact was that the defendant had already sold the apartment at the time of the sale, and the sales price was used in full, and there was no other special property, so even if he borrowed money from the victim, he did not have any intention or ability to complete the payment.

On June 28, 2011, the Defendant received KRW 10 million from the victim to the Agricultural Cooperative Account in the name of the Defendant at the point in Changnam-dong, Changnam-dong, Changwon-si, Changwon-si, Yangyang-dong, 61-18, under the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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