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(영문) 부산지방법원 서부지원 2018.07.03 2018고정54
사기
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 3, 2015, the defendant extended money to the defendant's office located in Busan Jin-gu, Busan, to the victim D with "Songyang-si, Kimyang-si, and because there is no money to do so, the defendant will pay the victim D with the completion of construction on June 2015.

“False speech was made to the effect that it was “.”

However, even if the Defendant borrowed money from the injured party at the time, he did not intend to use it as a name related to E lending, and even if he did not pay the construction-related wages, he did not have the intent or ability to repay the borrowed money as promised to the injured party.

As such, the Defendant, by deceiving the victim as such, received the total of KRW 16 million from the victim to the new bank account in the name of F on March 27, 2015, KRW 10 million, KRW 5 million on April 5, 2015, and KRW 16 million on April 9, 2015, respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of witness G;

1. Each report on investigation;

1. The process deed and a letter of payment [the defendant and his defense counsel argued to the effect that the defendant had an intent and ability to repay the construction cost claim, etc. at the time when he borrowed money from the injured party, and the victim was aware that he borrowed 13 million won out of the borrowed money to G, and thus the defendant did not deceiving the injured party as to the purpose of the borrowed money. Thus, the following circumstances revealed by the evidence duly adopted and duly examined by the court, i.e., the defendant's lending of 16 million won from the injured party to June 2015, which the defendant decided to repay the above 16 million won from the time when he borrowed 16 million won from the injured party, and the defendant lent the above 16 million won out of the borrowed money to G around April 2015 to the above 16 million won.

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