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(영문) 광주지방법원 2017.03.24 2016고단4714

사기

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

On April 21, 2015, the Defendant ought to prevent “E” from 10 million won at a “E” store in the operation of the Victim D, which is located in Young-gun C, Nam-gun, Nam-gun, Seoul.

The loan shall be limited to KRW 10 million and shall be paid in full.

“A false statement” was made.

However, in fact, in the case of power-driven G (29 tons) with a total amount of KRW 1.65 million in total, the amount of the claim amount was set in the G (29 tons) with a power-driven G (the fact that there was no property value. The Defendant did not have any intent or ability to fully repay the claim even if he borrowed money from the damaged party due to the lack of any property or income.

The Defendant, as seen above, by deceiving the victim, received money from the victim on April 22, 2015 through the Defendant’s H H’s H’s H account (I).

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution against the defendant in relation to the J of the interrogation of suspect;

1. Application of Acts and subordinate statutes to D of a detailed statement of transactions made by the police statement, a copy of a borrowing certificate, a certified copy of ship registry, and a credit inquiry result;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The punishment is imposed as ordered in consideration of various sentencing factors indicated in the arguments of this case, including the following: (a) the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the scale of damage, the method and degree of deception, the relationship between the defendant and the victim, the defendant and the victim; and (b) the defendant has no criminal conviction in the same kind; and (c) the damage has not been recovered.