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(영문) 청주지방법원 2015.08.11 2015고정519

사기

Text

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

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

Reasons

Punishment of the crime

On October 31, 2011, the Defendant: (a) contacted the victim B with his cell phone at an insular location around 19:00, and concluded that “Isber C is urgently required to be hospitalized at a hospital due to his own own hospital, and if Isber C lends KRW 500,000 at the hospital expense, I would pay it after one month.”

However, even if the victim borrowed money, the defendant did not intend to use it for the father's hospital expenses and did not have an intention or ability to repay the borrowed money.

On October 31, 201, the Defendant received 5,500,000 won from the victim’s bank account in the name of C (D) around October 21, 201.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the details of deposit and withdrawal transactions and written confirmations of electronic financial transfer;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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