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(영문) 부산지방법원 2017.02.09 2016고단4130
사기
Text

1. The defendant shall be punished by a fine of eight million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On April 2015, the Defendant is in need of deposit money of KRW 20 million to the injured party C to move his house which is now living at the French-gu, Busan Metropolitan City, the end of April 2015.

Only two months shall be deducted from the deposit of the house which had been resided before the loan.

“.....”

However, in fact, the defendant did not have any special property or a plan to have a director without any monthly income at the time, and thought that he would use the money for investment in agricultural products, etc., so even if he borrowed the above money from the victim, he did not have any intention or ability

The Defendant, as seen above, by deceiving the victim, received a total of KRW 20 million from the victim on April 28, 2015 to the post office (Account Number D) in the name of the Defendant, including KRW 10 million around April 29, 2015 and KRW 10 million around the same month.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes of Part II of the deposit certificate;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

3. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) full repayment of the amount of crime or damage during the period of repeated offense; and (b) full agreement with the victim; (c) the circumstances and details of the instant crime; (d) the circumstances after the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual conduct, environment, etc., shall be determined as indicated in the Disposition.

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