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(영문) 부산지방법원 2013.07.12 2012고단4709
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 2005, the Defendant: “Around October 2005, the Defendant: (a) paid the remainder of E Apartments in Yangsan with the settlement of the remainder, and (b) paid 6 million won to the Gyeyang F, and (c) on October 2006, the Defendant made a false statement to C, the victim, who was the victim, that “If the Defendant collected the amount of KRW 10 million in the extension without the mold, he would lend KRW 10 million in the payment without the mold.”

However, the fact is that the defendant was sold in lots or received money from E Apartment A-dong 2-703 in Gyeongnam-si, Yangsan-si, and that he did not have any intent or ability to repay money from the victim even if he did not borrow money from the victim.

The defendant was issued KRW 10 million from the victim around December 2005.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant or F (including a copy of the attached loan certificate);

1. Application of the police protocol protocol to C and G

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the same Act concerning facts constituting an offense, the selection of fines (or relatively minor in amount of damage);

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;

1. It shall be decided as ordered on the grounds of Articles 25(1), 31(1), (2), and (3) or more of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Declaration of Provisional Execution;

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