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(영문) 의정부지방법원 2016.10.06 2016고정447

사기

Text

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

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

Reasons

Punishment of the crime

On August 23, 2014, the Defendant provided the victim B with the statement that “the card value shall be prevented, and the card value shall be repaid one million won after the loan shall be paid.” On or around August 23, 2014, the Defendant received three million won as a check from the victim before the NAM machines in the Gui-si-dong-dong-si-si-si-si-si, and on or around the 27th day of the same month, the victim shall be given money to the victim at a place where the location cannot be known. The same shall apply to the payment of money.” The Defendant received KRW 4750,000 from the national bank DNA account under his/her name.

However, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to repay it.

After all, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes concerning the details of transactions, and specification of transactions submitted by complainants;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.