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(영문) 부산지방법원 2016.12.09 2016고정2088
사기
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

At around 20:00 on February 9, 2015, the Defendant: (a) called the Victim C to transfer the premium of KRW 10 million if the Defendant paid KRW 10 million to the “F” restaurant located in the Madcco C, which was operated by the Defendant, as if he concealed and normally transferred the fact that the provisional attachment was made to the “F” restaurant located in the Madco C, Seo-gu, Busan.

However, the defendant did not have the intention or ability to transfer the above business.

The Defendant, as such, deceiving the victim, and deceiving him/her from the victim, and under his/her control, KRW 2 million on or around February 10, 2015, and the same year.

2. 26.5 million won, and the same year.

2. received the remittance of KRW 3 million in total and KRW 10 million on 27.3 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of witness C and G;

1. Content-certified mail (case of request for reply to provisional seizure of claims), sales and inquiry by events;

1. A written confirmation of transfer transaction and a written contract [the following circumstances recognized by the above-mentioned evidence, i.e., (i) before the Defendant’s transfer to the victim and the Defendant’s termination of the lease agreement entered into between the Defendant and E, E, the lessee of the document, pays the sales amount from the operation of the above restaurant. (ii) However, in full view of the following circumstances: (a) the Defendant’s sales claim was provisionally attached to the Defendant, the third obligor, and the victim did not receive the sales amount from E or the Defendant even after the Defendant’s operation for a considerable period of time after the transfer of the restaurant, it is sufficiently recognized that the Defendant received the money as premium by deceiving the victim by hiding the victim with detailed circumstances as criminal facts.] The application of the law

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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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