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(영문) 전주지방법원 2016.11.01 2016고정561

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

Around September 20, 2011, the Defendant made a false statement to the effect that “B” office located in Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, would lend KRW 5 million to the victim C until December 20, 201, and the remainder will be repaid until May 20, 2012.”

However, the defendant did not have any particular income and did not have any intent or ability to repay the money even if he borrowed money from the victim due to the lack of economic circumstances such as office rents and rents.

Nevertheless, as above, the Defendant made a false statement to the victim, and obtained KRW 10 million from the victim and acquired it by fraud.

Summary of Evidence

1. Police suspect interrogation protocol of the accused (third time);

1. Statement to C by the police;

1. In light of the following circumstances revealed in the evidence of the judgment, namely, that at the time of the above loan, the Defendant borrowed the above money from the victim on the sole ground of the future auction proceeds only, it is sufficient to recognize that the Defendant borrowed the money with the criminal intent to commit the act of deception in an incomplete manner with the intent to commit the crime of deception).

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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