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(영문) 창원지방법원 2014.02.18 2013고정1568
사기
Text

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

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On April 7, 2010, the Defendant made a false statement to the victim B, who was located in Changwon-si, Changwon-si Co., Ltd., stating that “I would pay 4 million won without being paid any money for three months after the loan to the victim B.”

However, the defendant did not have any intent or ability to repay money even if he borrowed money from the victim because he did not have any property owned as a bad credit holder at the time and there was no particular income.

The Defendant, as such, by deceiving the victim, received from the victim a total of KRW 3 million and KRW 4 million on April 20, 2010.

2. Around June 2010, the Defendant concluded that “If only one name is lent to purchase a gallon vehicle with a gallon vehicle with an amount equivalent to KRW 2,500,000,000, in a D used vehicle trading store located in the window C of Changwon-si, the Defendant would have paid the victim B with an installment of KRW 200,000 per month.”

However, the defendant did not have any intention or ability to pay the installment of the motor vehicle because of the situation like the preceding paragraph.

As such, the Defendant, by deceiving the victim, failed to pay 2.29 million won out of the installment of the automobile, thereby allowing the victim to pay the same amount on behalf of the victim, thereby acquiring the pecuniary profit equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the second police interrogation protocol to the defendant (including the substitute part) statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

4. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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