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(영문) 부산지방법원 동부지원 2016.06.22 2016고정235
사기
Text

1. The defendant shall be punished by a fine of 300,000 won;

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

Reasons

Punishment of the crime

On June 11, 2015, the Defendant paid the principal to the Plaintiff up to June 30, 2020, in the currency of the victim's call loan counselor at the Busan District District Office, in the amount of five million won or more, and the principal to the Plaintiff up to June 30, 2020.

“Falsely speaking,” and it received KRW 5 million from the damaged person to the bank account of the Defendant on the same day as the borrowed money.

However, in fact, the Defendant did not have any particular property or income because of the difficulties in operating the computerized expendable enterprise at the time, and was responsible for the debt amounting to about 100 million won in other financial institutions. On July 2015, the Defendant did not have the intent and ability to repay money normally even if the Defendant borrowed money from the injured party, such as the situation where the personal rehabilitation procedure should be prepared, etc.

Ultimately, the Defendant deceivings the victim as above, and received five million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the statement protocol B;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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

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