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(영문) 대구지방법원 2017.11.10 2017고정1346

사기

Text

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

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

Reasons

Punishment of the crime

[Criminal record] On June 16, 2011, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Daegu District Court, and the judgment became final and conclusive on June 24, 2011.

[Criminal facts] The Defendant is the principal owner of the building B in the Gyeongbuk-gun, and the victim C is the studio tenant.

On February 2, 2008, the Defendant found the victim’s residence in the 203 Gyeongdong-gun B, Gyeongbuk-gun, Gyeongbuk-gun, 203, and “an urgent need for money.”

A false statement was made that “I will pay back to Lim-dol in the loan.”

However, in fact, the Defendant was in excess of the obligation, such as bearing the interest obligation of KRW 00 million in financial institutions without any particular property, so even if he borrowed money from the injured party, he could not pay the money into the money.

Nevertheless, the Defendant: (a) deceiving the victim as above; and (b) around March 12, 2008, around 35 million won from the victim; and (c) the same month from the victim;

3. A total of KRW 49 million, including KRW 14 million around 20.20,000, not repaid 20,240,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. The part concerning C’s statement in the protocol of interrogation of the police officer (three times, three times, and three times) against the defendant

1. A loan certificate, a detailed statement of the victim and a new data at the time (NE Evaluation Information Co., Ltd.);

1. Previous records: Application of Acts and subordinate statutes to the copies of each written judgment, the search screen of prosecution cases;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;