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(영문) 인천지방법원 2016.05.13 2016고정661

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant, around February 26, 2015, lent KRW 4,500,00 to the victim B, “on a deposit basis, KRW 4,500,00,000,000 shall be repaid once a month.”

The phrase “ makes a false statement.”

However, at the time, the defendant did not have the intent or ability to repay the debt even if he borrowed money from the damaged party due to the amount of 50 million won and there was no special income.

The defendant received 4.5 million won from the injured party to the Saemaul Treasury account (C) in the name of the defendant under the name of the defendant in the name of the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;