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(영문) 대구지방법원 경주지원 2015.04.01 2015고단71

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On March 25, 2011, the Defendant made a false statement to the effect that “Around March 25, 2011, the Defendant would have repaid KRW 50,000,000 to the victim B without a mold if he/she leased the factory site after reducing this in his/her name.”

However, even if the defendant borrows money from the victim, it was used for any other purpose than investing in the business to build the factory site, and there was no intention or ability to repay it by the due date of the promise.

After all, the Defendant, as seen above, by deceiving the victim as above, received 50,000,000 won from the victim’s position as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to filing a complaint, certificate of confirmation of transaction, copy of payment order, copy of a loan certificate, copy of a written agreement, statement of transaction, investigation report (Attachment, etc., such as a certified copy of the register and a list of compulsory auction), investigation report (Attachment, etc. to

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts (Consideration of fines, most of the damages therefrom have been recovered, and without any past record, etc.);

1. Articles 70 (1) 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;