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(영문) 부산지방법원 2016.09.01 2016고정2345
사기
Text

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

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

Reasons

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on August 28, 2015.

1. On March 9, 2009, the Defendant stated that “The Defendant shall prepare and repay the advance payment to the victim B of the entertainment drinking club in the mutual influent entertainment drinking club located in Chungcheongnam-gu, Chungcheongnam-gu, and that “The Defendant shall receive 7.5 million won advance payment from this week in lieu of the victim” and “The Defendant shall prepare and repay the advance payment at other business establishments by receiving the advance payment from C in lieu of the payment from this week.”

However, the defendant did not have the ability or intent to repay the amount even if the victim pays the amount on behalf of the victim.

Nevertheless, on March 9, 2009, the defendant got the victim to pay the debt amount of 7.5 million won to the above main owner D on March 9, 2009.

2. On March 11, 2009, the Defendant made a false statement to the victim in the job placement office of the above victim's operation in Daegu Northern-gu, Seoul-gu, stating that "if the victim lends one million won as much as he/she requires to pay the money, he/she shall be paid with the amount of 7.5 million won paid by subrogation prior to the lending."

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

Nevertheless, the defendant received one million won immediately from the victim and acquired it by fraud.

3. On March 17, 2009, the Defendant made a false statement to the victim at the above job placement office stating that “I would pay money to the victim if I would urgently require Ampha surgery, I would deposit Wurma in the hospital and find a job in Daegu on the following day.”

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

Nevertheless, the defendant acquired 2.2 million won from the victim to the Busan bank account on the same day.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Previouss before judgment: Criminal records, reply reports, investigation reports (verification of the same kind of power) and other Acts and subordinate statutes;

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