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(영문) 부산지방법원 2014.02.13 2013고정5684
사기
Text

As to the crime No. 1 in the judgment of the defendant, a fine of one million won is imposed, and a fine of two million won is imposed for the crime No. 2 in the judgment.

Reasons

Punishment of the crime

1. On December 18, 2009, the Defendant was sentenced to seven months of imprisonment with prison labor at the Busan District Court for fraud, and the said judgment became final and conclusive on March 25, 2010.

In March 2008, the Defendant made a false statement to the effect that “I will complete payment within this framework, if I would lend money to D with an urgent need for payment of money,” at the second floor C of the Busan Jin-gu B building in Busan, Busan, 2008.”

However, there was no intention or ability to pay the money.

As above, the Defendant deceivings the complainant and received three million won from the complainants.

2. The defendant of "2013 High 5685" had no intention or ability to work at an entertainment establishment operated by the complainant, even if he/she receives a prepaid payment from the complainant.

On February 22, 2012, the Defendant, at the Gju station operated by F, the Complainant located in Geumcheon-gu, Busan, obtained the amount from the complainant by deceiving the amount of KRW 4.7 million to the account of community credit cooperatives in the name of the Defendant at around 15:03 on the same day, the Defendant, at around 22:08, transferred the sum of KRW 5.1 million to the account of community credit cooperatives in the name of the Defendant and KRW 4.1 million to the account of community credit cooperatives in the name of the Defendant at around 15:03 on the same day, and received the amount of KRW 5,100,000,000,000 from the complainant to the daily work without making any contact at work.

Summary of Evidence

[2013 High Court 5684]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Previous convictions in judgment: Case search and judgment (2013 High Court Decision 5685);

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to remittance passbooks, certificate of borrowing and duplicate documents;

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. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act (hereinafter referred to as "the latter part of Article 37 of the Criminal Act") concerning concurrent crimes;

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

1. Articles 70 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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