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(영문) 부산지방법원 2016.04.20 2015고단7486
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant pays 80,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

1. On April 10, 2013, the Defendant lent money to the victim during the period of entering Busan by using the victim’s vehicle from the victim’s vehicle in Yangyangsan, around April 10, 2013, where money needs to be paid to the victim for the use of the victim’s vehicle in Busan, the Defendant would be repaid after three months.

“False speech” was made.

However, the defendant did not have any specific plan to pay home fluor, and even if he borrowed money from the injured party, he thought to use it for other purposes, and at the time he did not have the ability to repay the above borrowed money with his own ability.

The Defendant received 30 million won from the injured party on the same day as the borrowed money.

2. On September 16, 2013, the Defendant loaned money to the victim at a place not known to him/her around September 16, 2013, and there is no money to be lent by the victim. The Defendant would pay the principal and interest to be repaid each month if he/she borrowed money from a bank.

“A false statement” was made.

However, the defendant did not have any specific plan to pay home fluor, and even if he borrowed money from the injured party, he thought to use it for other purposes, and at the time he did not have the ability to repay the above borrowed money with his own ability.

The Defendant, from the injured party, KRW 45 million on the same day, and KRW 3 million on September 25, 2015, on the same day;

9. Around 27.27.4 million won, and around 8 million won around 10.3.0 million won were delivered.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (includingC statements);

1. Statement made by the police against C;

1. A complaint;

1. Application of Acts and subordinate statutes on loan certificates, copies of passbooks, applications for personal credit loans, official receipts, details of transactions, and details of account transactions;

1. Article 347 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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