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(영문) 부산지방법원 2017.11.30 2017고정1798
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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.

1. On May 22, 2014, the Defendant made a false statement to the effect that “The Defendant shall pay the victim E a monthly payment for singing sing down at the singing shop operated by him/her, and he/she shall pay a full payment in 1 and 2 months if he/she lends KRW 3 million to him/her.”

However, in fact, the defendant had to repay his obligation to the suppression of the remaining living together, and the actual results of the singing room operated are not good and thus, there was no intention or ability to repay even if he borrowed money from the injured party.

The defendant deceivings the victim as above and acquired 3 million won from the victim to the account in the name of F designated by the defendant on the same day.

2. On October 7, 2014, the Defendant made a false statement to the victim E, stating, “The Defendant shall pay the victim’s singing monthly rent, and if he/she lends KRW 4 million to the victim, he/she shall be paid a full payment not later than March 7, 2015, as well as KRW 3 million prior to the lending of KRW 4 million.”

However, the defendant did not have the intention or ability to pay the damages even if he borrowed the money from the damaged person for the reasons of Paragraph 1.

As above, the defendant deceivings the victim as above and acquired 4 million won from the victim to the account in the name of the defendant on the same day.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Each police statement made to E and F;

1. Application of Acts and subordinate statutes to a fair deed (seven pages of investigation records), each inquiry of transaction details (26 pages, 75 pages of investigation records);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection 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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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