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(영문) 전주지방법원 2018.11.07 2018고정194

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[criminal records] On June 3, 2009, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Jeonju District Court on April 2009, and the judgment became final and conclusive on June 11, 2009.

[2] On July 23, 2008, the defendant lent 3 million won to the victim D in the "C" located in the Jeonju-si B on July 23, 2008 and borrowed 3 million won to the victim D.

8. By December 23, 200, a false statement was made to the effect that 3.3 million won will be repaid with interest.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay it.

The defendant deceivings the victim as above and obtained 29.4 billion won from the victim to the NongHy Bank account on the same day.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A certificate of borrowing;

1. Previous conviction: Application of an inquiry letter, copy of the judgment, and inquiry of summary information of the case, such as criminal history;

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;