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(영문) 부산지방법원 동부지원 2017.12.06 2017고단2199
사기
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant served from December 201 to June 201, 201 in the “B hospital” located in Suwon-gu, Busan, which was operated by the victim B.

1. On April 14, 2014, the Defendant, within the hospital’s five-story clinic of the above hospital B, may repay to the victim by September 30, 2014, “only if necessary for the cost of living, and only 10 million won is lent to the victim.”

“A false representation was made.”

However, the defendant had no intention or ability to repay money even if he has already borrowed money from the injured party due to excessive debts.

The defendant received 10 million won from the damaged person for the purpose of borrowing money from the damaged person.

2. On November 28, 2014, the Defendant borrowed an additional KRW 10 million from the victim by December 10, 2014, at the same place as before and after around November 28, 2014.

It is necessary to make a lump sum repayment of KRW 20 million up to KRW 10 million in lump sum.

“A false representation was made.”

However, the defendant had no intention or ability to repay money even if he has already borrowed money from the injured party due to excessive debts.

The defendant received 10 million won from the damaged person for the purpose of borrowing money from the damaged person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (statements by complainants' representatives), replies to requests for provision of financial transaction information, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act for the provisional payment order is an unfavorable circumstance where the crime of this case is committed repeatedly by the injured person, and the nature of the crime is not good, and the Defendant was unable to reach an agreement with the injured person and the damage was not completely recovered.

However, the defendant.

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