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(영문) 창원지방법원통영지원 2020.09.23 2020고정130
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On March 17, 2019, the Defendant: (a) around March 17, 2019, the Defendant stated, “The Defendant sought from the victim B to open a marina shop to open it; (b) the Defendant is required to pay the advance payment, but the money is short; (c) the interest is paid in KRW 300,000 after 10,000,000,000 to the loan of KRW 3 million; and (d) the principal is paid after the month.”

However, even if the defendant received money from the victim, he did not want to use it as advance payment, and even the business place operated at the time did not have the intention or ability to pay the borrowed money properly.

Around March 18, 2019, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the Agricultural Cooperative Account (C) in the name of the Defendant and acquired it by fraud.

2. On August 13, 2019, the Defendant called, “Around August 13, 2019, the Defendant made a call to the victim B at an infinite-si D (hereinafter referred to as the “Infinite-si”) and saying, “I would pay KRW 300,000 won on the 19th day following the day of the loan of KRW 300,000,000,000,000.”

However, the defendant did not have the intention or ability to pay the borrowed money properly due to the lack of property owned and certain income.

As above, the Defendant, by deceiving the victim, received 300,000 won from the victim to the Agricultural Cooperative (C) account under the name of the Defendant on the same day and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to details of transactions and summary of statement by a suspect), investigation reports (verification of a suspect's frauds), and details of transactions in and out of money;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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