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(영문) 부산지방법원 동부지원 2016.04.11 2015고정1499
사기
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

1. On January 2012, the Defendant made a false statement to the victim B on the street in front of the children's large park located in the Seocho-gu Busan Special Metropolitan City (Seoul Special Metropolitan City), stating that “The Defendant would have caused any damage to the card while running the tegrative business.” However, the Defendant borrowed KRW 4 million to include a face-to-face installment savings, thereby making a monthly repayment.”

However, the Defendant did not have any intention or ability to change the amount of money from the injured party because the Defendant had 5 million won in corporate bonds and credit cards with no income without any particular occupation at the time.

Ultimately, the Defendant received 4 million won from the injured party.

2. On March 2012, the Defendant made a false call to the victim B at an influence place and made a false statement as set forth in the foregoing 1. However, on the grounds that the said 1. Paragraph (1) was in the same condition, there was no intention or ability to change the money from the victim to the lender.

After all, the Defendant received five million won from the injured party.

3. On May 7, 2012, the Defendant made a false call to the victim B at an insular location and made a false statement as set forth in the foregoing 1. However, on the grounds that the said 1. Paragraph (1) was in the same condition, there was no intention or ability to change the amount from the victim to the lender.

Ultimately, the Defendant received KRW 10 million from the injured party.

Accordingly, the Defendant, by deceiving the victim as above, obtained a total of KRW 19 million from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to each investigation report (personal rehabilitation documents and the details of card use, attachment of age-based credit assessment information response data, and telephone investigation);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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