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(영문) 의정부지방법원 2016.11.28 2016고정1588

사기

Text

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

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

Reasons

Punishment of the crime

Around 20:00 on May 19, 2015, the Defendant made a false statement to the victim, “I will pay back immediately if I lend KRW 2.7 million to the victim,” in front of the victim C’s residence located in Gu-si B.

However, since the defendant used all monthly income as living expenses, and the personal debt without any other property was about KRW 10 million, there was no intention or ability to repay it even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 2.7 million won from the victim, who is in its possession, as a loan, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;