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(영문) 수원지방법원 평택지원 2017.07.06 2016고정629

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 May 10, 2014, the Defendant made a false statement to the victim C’s house located in Ansan-si apartment complex B, stating that “The Defendant would have performed a similar work in the number of days in the house, and to lend the interest of KRW 500,000,000 to the Plaintiff, as the money falls short of, KRW 500,000,000,000 in one month, and the principal will be repaid by August 10, 2014.”

However, in fact, the Defendant suspended the operation of the 13 mobile phone repair business at the time and did not have any certain revenue, and did not pay the 16,320,270 won of the 13 mobile phone that was opened and used in the name of the Defendant-friendly job D, etc., and the Defendant was in a state of demanding the payment of the debt due to the failure to pay the profit to the investor of the 13 mobile phone repair business, and the Defendant was in a state of not being able to receive the repayment due to the dispute over the c et al. that borrowed money. Therefore, even if the Defendant borrowed the money from the damaged person, the Defendant did not have any intention

Nevertheless, the Defendant made a false statement to the victim and received five million won from the victim, i.e., a new bank account in the name of the Defendant, under the name of the Defendant, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

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

1. Application of Acts and subordinate statutes of police statement protocol to C and E;

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

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;