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(영문) 부산지방법원 2017.11.16 2017고정1881
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On February 18, 2016, the Defendant displayed the Defendant’s seal impression certificate, resident registration certificate, and family relation certificate prepared in advance to the victim within the “D’s operation” of the Victim C located in Busan-gu Busan-gu, Busan-do, and said, “The Defendant shall pay 5 million won to the Defendant with the Defendant’s seal impression, resident registration certificate, and family relation certificate with the Defendant’s advance payment.”

However, in fact, the defendant was in bad credit standing and was thought to be used to repay other debts from the injured party due to a large amount of debt, and there was no intention to work mainly with the driver.

The defendant deceivings the victim as above and received 5 million won from the injured party under the pretext of advance payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a copy of a cash loan certificate and inquire of transaction details (16 pages of investigation records);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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

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