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(영문) 부산지방법원 2017.02.15 2016고정3033
사기
Text

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

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

Reasons

Punishment of the crime

On April 2015, the defendant is in preparation for the F Experience E project, and deposit amounting to KRW 50 million is required for the victim E, who was known to the general public, in the D Authorized Broker Office located in Busan Metropolitan City, Busan Metropolitan City.

Since 30 million won has been claimed, 20 million won has been loaned to 20 million won, it will be repaid up to five months.

The phrase “ makes a false statement.”

However, at the time of fact, the defendant had the intent to use the money received from the injured party as the personal debt repayment for the defendant, and even if he borrowed money from the injured party due to many debts, he did not have the intention or ability to repay it.

Nevertheless, on April 27, 2015, the defendant deceivings the victim as above, and acquired 20 million won from the victim to the Agricultural Cooperative Account under the name of the defendant G (H).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Results of inquiring about a copy of a bankbook or details of transactions on admission and withdrawal;

1. Kakao Stockholm photographs to close the contents of the Kakao Stockholm conversation;

1. Application of statutes on a copy of the I Facility Lease Agreement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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