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(영문) 창원지방법원 진주지원 2018.10.12 2018고정76
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 20, 201, the Defendant requires a down payment, etc. in the siren office operated by the victim C in Jinju-si around July 20, 201 in order to receive apartment sales from the 'Woo-si' to the victim.

It shall be repaid four months after the loan of KRW 10 million.

"......"

However, in fact, the defendant was asked to lend money from the injured party to D by requesting the lending of KRW 10 million from D to the bad credit holder, but did not speak such fact to the injured party, and if D did not pay the above money, the injured party did not have the intention or ability to change it.

The defendant deceivings the victim as above and was transferred to the post office account in the name of the defendant as of the same day after deducting 80,000 won from the 4-month advance interest from 80,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. A detailed statement of deposit transactions;

1. A copy of the complaint [it is acknowledged that the defendant borrowed money from C according to the evidence above, but the defendant argued that he did not have any obligation to repay the money from the investigation stage to this court because he borrowed money, not from D, and that he did not have any obligation to repay the money. The defendant who received a demand notice from C requested payment order from C using the name of C, and at the time of the instant case, D had no ability to repay the money as a bad credit holder, and it is recognized that he did not have any intent to repay the money even until now. Thus, at the time of the instant case, the defendant did not intend to repay the money.

[3]

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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