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(영문) 대전지방법원 서산지원 2019.03.14 2018고정313

사기

Text

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

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

Reasons

Punishment of the crime

Around April 2018, the Defendant made a false statement that “If he/she lends money to the victim C because he/she has to receive apartment deposit, he/she shall be repaid by the end of May.”

However, the defendant was unable to receive the deposit from the wind that is deducted from the deposit due to the failure to pay the rent of the apartment that he had previously been transferred, and even if he borrowed money from the victim due to economic difficulties, he did not have the intention or ability to pay the deposit.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim, obtained a total of KRW 4.5 million from the victim on April 23, 2018, and acquired a total of KRW 2.5 million from April 24, 2018, and acquired a total of KRW 4.5 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint, a loan certificate, and a detailed statement of transactions of automation machines;

1. Application of Acts and subordinate statutes to credit information history and detailed statement of transactions from entry and departure;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of 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;