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(영문) 대전지방법원 천안지원 2016.07.07 2016고정185

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On July 20, 2013, the Defendant made a false statement to the effect that “A victim D, located in Ansan-si, Ansan-si, Seoul-gu, Seoul-si, would have to repay money to the Defendant because he/she borrowed only two million won as he/she is urgently required to pay money, and that he/she would have paid money thereafter.”

However, even if the defendant received money from the injured party, he did not have the intent or ability to repay the borrowed money.

Nevertheless, the defendant, from the injured party on July 25, 2013, 2 million won in cash in the front of the agricultural cooperative located in the 37th half of the 37th half of Ansan-ro, Ansan-gu, Annsan-ro, Annsan-ro, and the same year.

8. 5.1050,000 won, and the same year.

9. 4. 8 million won, Oct. 500, 100 won for the same year, Oct. 24, 1000 won for the same year, Nov. 20, 2000 won for the same year, and Dec. 15, 190 won for a total of seven hundred and fifty hundred and fifty hundred and fifty thousand won for the victim D through the above method.

2. On February 2014, the Defendant made a false statement to the effect that “The Defendant sought a house to move together with the victim” in subparagraph 32 of the 7th floor of the 7th floor of the building of Ansan-si, 2014, the Defendant borrowed three million won as it is necessary to borrow the house.”

However, even if the defendant receives money, he did not have the intention or ability to demand the collection or to repay the borrowed money.

Nevertheless, the Defendant, on March 5, 2014 and March 10, 2014, acquired a total of 3.170,000 won by cash from the injured party in front of the Agricultural Cooperative in the first half of the 37th half of the 37th half of the 2014, by acquiring a total of 3.177,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement made by the police in each protocol made to D;

1. Application of the Acts and subordinate statutes stating the details of passbook transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the amount obtained by the defendant from the damaged person is 1,0720,000 won in total, and the damage is restored.