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(영문) 부산지방법원 2013.10.24 2013고정3780
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 30, 2006, the Defendant made a false statement to the effect that “If the Defendant lent KRW 20 million to the victim D, the Defendant would be fully repaid until August 30, 2007.” The Defendant made a false statement to the effect that “The said money may be repaid because there are many real estate, such as the domestic house and sculls, forest land, etc.”

However, at that time, the Defendant had been running without any particular property or income, and was responsible for the amount of KRW 100 million, and the Defendant’s apartment and rice farm seeds were a large amount of secured loan, and there was no property value, and there was no forestry map owned, and there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim because there was a situation where the Defendant had been urged to repay more than 20 debtors.

Around August 31, 2006, the Defendant, by deceiving the victim as above, was transferred KRW 20 million from the victim to the Agricultural Cooperative Account under the name of the Defendant to the money borrowed.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Examination protocol of the accused by the prosecution;

1. Statement to E by the police;

1. Application of a loan certificate or a certificate of remittance;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 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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