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(영문) 부산지방법원 2016.03.23 2016고정177
사기
Text

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

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

Reasons

Punishment of the crime

1. Around August 2014, the Defendant made a false statement to the effect that he/she would make a repayment later if he/she lends a tea by telephone to the victim B by phoneing around August 2014.

However, even if the defendant received money from the injured party, he did not have the intention or ability to pay the money.

However, the defendant belonging the victim through the above false statement, and around that time, he received 350,000 won from the victim to the agricultural bank account in the name of the plaintiff in the name of the plaintiff in the name of the plaintiff in the form of rent and acquired it by fraud.

2. On August 17, 2015, around August 17, 2015, the Defendant made a false statement to the effect that the Defendant would supply construction materials when sending construction expenses to the victim B.

However, even if the defendant received money from the injured party, he did not have the intention or ability to deliver the materials.

However, on August 17, 2015, the Defendant, by deceiving the victim as above, received 870,000 won from the damaged person to the Busan bank account in the name of C in the name of the material price for construction from the damaged person.

Summary of Evidence

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

1. Statement made by the police against B;

1. Inquiry of transaction details and application of the statutes governing printed out text messages;

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

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

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