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(영문) 부산지방법원 2014.06.19 2014고정771
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 25, 2013, the Defendant made a false statement to the effect that “The Defendant shall not pay the money to the victim B, who borrowed the money with a credit card fee in advance. If the Defendant borrowed the money, he/she shall have to pay the money by September 20, 2013.” The Defendant made a false statement to the effect that “The Defendant shall pay the money by September 20, 2013, if she borrowed the money.”

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

As such, the defendant deceivings the victim, which is, i.e., 1.5 million won from the victim, and acquired it by fraud.

2. 피고인은 2013. 8. 30. 부산 금정구 C아파트 115동 102호 주거지에 있는 피해자에게 카카오톡 메신저로 “내 계원 언니한테 돈을 빌려서 옷을 샀다. 그 돈을 갚아야 한다. 25만 원만 내 새마을 금고 통장 D로 송금해달라. 2013. 9. 20.까지 전에 빌린 150만 원까지 같이 갚겠다."라는 취지로 거짓말을 하였다.

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

As such, the Defendant, by deceiving the victim, received 250,000 won from the victim and acquired it by fraud.

3. On September 12, 2013, the Defendant made a false statement to the effect that “The Defendant, at the place indicated in paragraph (2) of the Kakakakao Kakao Kakao Kakao Ma, was liable to repay 700,000 won, which was remitted to the Saemaul Bank D. The amount of KRW 170,000,000,000,000,000,000 won, prior to September 20, 2013.”

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

As such, the Defendant, by deceiving the victim, received 700,000 won from the victim and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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