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(영문) 부산지방법원 2016.12.15 2016고정3111
사기
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

The defendant is a victim C and a person who is a motive for entering a doctoral degree course in the D University Social Welfare Department around 2009.

1. The Defendant made a false statement to the victim by telephone on March 2012, 201, stating, “I will pay back a funeral hall to the victim with a face-to-face loan that requires urgent money.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Ultimately, around April 9, 2012, the Defendant received 7 million won from the victim through the Agricultural Cooperative Account (Serial number: E) in the name of the Defendant and acquired it by fraud.

2. On June 7, 2012, the Defendant made a false statement to the victim by phone, stating that “When he/she lends money to the funeral hall operated in Korea, he/she would be repaid with seven million won prior to the following month, he/she would lend money to the victim.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Ultimately, the Defendant received 500,000 won from the said agricultural bank account through the said agricultural bank account on the same day and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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