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(영문) 부산지방법원 2017.10.26 2017고정1819
사기
Text

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

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 January 15, 2014, the Defendant loaned KRW 10 million to the injured party B as the husband who renders a private taxi to change the taxi, and made payment to the principal and five copies by January 15, 2015.

However, at the time of fact, the husband of the defendant did not want to change the taxi, and the defendant did not have any intention or ability to pay the taxi even if he borrowed money from the injured party because the defendant was in need of paying other debts.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 11 million from the victim to the agricultural bank account in the name of the Defendant on January 21, 2014; and (c) KRW 6 million from January 25, 2014 to the victim; and (b) obtained the said KRW 10 million from the cash delivery on January 25, 2014 to the defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on a loan certificate (10 pages of investigation records) and a detailed statement of transactions (12 pages or less of investigation records);

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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