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(영문) 청주지방법원 2014.06.03 2014고정331

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 20, 2011, the Defendant made a false statement to the victim D, who had worked as an employee at the said singing room at the time, stating that “I would pay the card value, but I would pay the card value if I would like to lend bonds by providing money as security, because I would have no money at the present time. I would pay the card value after receiving cash service.”

However, the defendant did not have the intention or ability to repay even if he borrowed bonds as security against the monthly rent deposit of the victim.

As such, the Defendant, by deceiving the victim, received guarantee and monthly rent security from the victim, and did not repay 4 million won from the bond company on the same day, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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;