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(영문) 부산지방법원 2014.11.26 2014고정3647
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On April 10, 2013, the defrauded was an unqualified defendant and the fact that the Defendant borrowed money to another person, even if having to pay the money, did not have any intent or ability to pay the money by the due date.

Nevertheless, around 21:00 on April 10, 2013, the Defendant made a false call to the victim E within the Doer in Busan Young-gu, Busan, and received 4 million won from the victim to the Busan bank account on the following day, and acquired it by deceiving the victim E on the next day.

2. On May 2013, 2013, the Defendant, on May 12:30 on May 2013, 2013, showed the government contribution to the victim E within the Daza located in Busan Young-gu, Busan, about May 12:30, 201, and falsely stated that “In order to operate a store to which the Government grants subsidies are granted, the deposit needs to be granted, but if it is lent KRW 10 million, it would be paid for each month.”

However, the Defendant was planning to pay his other obligations with the borrowed money from the victim.

The defendant received 10 million won from the victim to his own foreign exchange bank account and acquired it by fraud.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes of detailed statement of transactions;

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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