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(영문) 부산지방법원 2014.10.30 2014고정4143
사기
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On February 18, 2014, the Defendant made a false statement to the “C” office in Busan Dongdong-gu B and the “C” office in Busan Dongdong-gu on February 18, 2014, the Defendant borrowed money from the victim D to use it for the purchase cost of the house of the above office even though he/she did not have any intent or ability to establish a new corporation under the name of the Defendant, and the Defendant borrowed money from the victim D to use it for the purchase cost of the house of the above office, and it is necessary to establish a corporation in order to transfer the corporation in his/her name. On the face of the subsidization of the establishment fund, the Defendant borrowed money in advance of KRW 00,000 to be received on May 2014.”

The Defendant received from the victim a total of KRW 18 million, as shown in the attached list of crimes (1), six copies of household checks consisting of three million each of the face value of Gwangju Bank issued by the victim in the name of the victim.

2. On March 6, 2014, the Defendant: (a) at the foregoing “C office” office on March 6, 2014; (b) the fact did not have the intent or ability to discount a shop check to the victim D; and (c) “E, a company in Busan, is scheduled to carry out a bending construction in the border, and is one of the companies that know the inside. (b) The Defendant made a false statement to obtain a discount from the E company, i.e., on the face of a fluence mark.

The Defendant received from the victim a total of KRW 33 million worth of family check 11,00,000,000 from the victim's Gwangju Bank's face value in the name of the victim, as shown in the attached list of crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes to a copy of a check or household check;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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