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(영문) 대전지방법원 2013.11.28 2013고단3112

사기

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 22, 2006, the Defendant made a false statement to the victim E at the D public bath located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun, that “I wish to repay 10,000,000 won immediately if his/her husband and wife are going to study in Japan.”

However, in fact, the Defendant thought that he would use the money borrowed from the victim for the cost of living, and did not have a plan to study his wife in Japan. At that time, there was no income from the Defendant and there was no other property, and thus, there was no intention or ability to repay the money even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and obtained 10,000,000 won from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on witness E’s legal statement;

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 Criminal Act for the detention of a workhouse;

1. Consideration of the fact that there is no criminal record of fraud, deception, agreement, the same kind or suspended execution or more of the reason for sentencing under Article 334(1) of the Criminal Procedure Act;