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(영문) 부산지방법원 2015.11.26 2015고정1714
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On February 19, 2014, the Defendant made a false statement to the victim C, who is a son, from the Buddhist land of the Seo-gu Busan Metropolitan City (hereinafter referred to as the “Seo-gu”) stating that “I will complete payment immediately if I will lend one million won as I will have to do so.”

However, in fact, the Defendant had the intent to use the money borrowed from the victim for personal living expenses, not for medical expenses, and had no intention or ability to repay the money.

After all, the Defendant, as above, deceiving the victim as above, and acquired 1 million won from the victim as the borrowed money on the same day.

2. On February 21, 2014, the Defendant made a false statement to the victim, stating, “I will immediately pay back one million won, if I will lend money to the victim because I will need to add the money.”

However, in fact, the Defendant had the intent to use the money borrowed from the victim for personal living expenses, not for medical expenses, and had no intention or ability to repay the money.

After all, the Defendant, as above, deceiving the victim as above, and acquired 1 million won from the victim as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act on the Legal Statement of Witness C

1. Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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. It is so decided as per Disposition on the grounds of the main sentence of Article 186(1) of the Criminal Procedure Act or above.

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