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(영문) 전주지방법원 2014.02.12 2013고정1086

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has been designated as a person with bad credit standing for about 10 years and lives with daily labor, and has no property or income.

1. Even if the Defendant borrowed money from other persons, the Defendant did not have the intent or ability to properly repay the borrowed money by thinking that it would be consumed with gambling funds, etc., on or before April 21, 2009, the Defendant received KRW 300,000 on May 31, 2010; KRW 8,000,000 on August 26, 2010; KRW 80,000 on September 19, 2010; KRW 300,000 on September 25, 2010; and KRW 60,000 on September 30, 201; and KRW 5,50,000 on September 25, 2010 from the victim.

2. On December 15, 201, the Defendant promised with the victim to pay KRW 4.4 million each month the unpaid amount of KRW 5.6 million among the KRW 5.6 million under paragraph (1) of this Article, and even if he/she borrows money from the victim, he/she did not have any intent or ability to pay the unpaid amount, the Defendant received KRW 3.0 million from the victim by means of the same method, including that he/she received KRW 3 million on December 18, 2011, including that he/she received KRW 4.4 million from the victim, and KRW 3 million on December 30, 201, KRW 300,000 on January 8, 2012; and KRW 300,000,000 on January 30, 201; and KRW 301,50,000 on December 14, 2012.

Accordingly, the Defendant received a total of KRW 7.1 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of trade-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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;