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(영문) 수원지방법원 안산지원 2018.01.11 2017고정1028

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On January 23, 2015, the fraud Defendant: (a) on January 23, 2015, at a temporary influorious multi-sections located in Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, Seoul, the victim C; and (b) on January 23, 2015, there is no value

The repayment will be made as soon as possible with the loan of 3 million won.

‘A false statement' was made.

However, the defendant did not have the intention or ability to repay even if he borrowed the money in return for the default of national tax of KRW 12 million and the loan obligation of KRW 20 million.

The defendant deceivings the victim as above and received 3 million won from the victim's account (Account Number E).

2. On February 13, 2015, the Defendant, at the place described in paragraph 1 around February 13, 2015, did not have the intent or ability to repay as described in paragraph 1, and the Defendant is in need of funds to the victim.

The repayment will be made as soon as possible with the loan of 3 million won.

‘A false statement' was made.

The defendant deceivings the victim as above and received 3 million won from the victim's account from the victim's account as set forth in paragraph (1).

Accordingly, the defendant deceivings the victim and defrauds the victim a total of 6 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning C’s statement in the second police interrogation protocol against the defendant

1. An abstract of each telephone call;

1. A certificate of details by transaction account of the Saemaul Treasury;

1. Application of Acts and subordinate statutes to investigation reports (F telephone conversations for witnesses);

1. Article 347 (1) of the Criminal Act comprehensively including the relevant Article of the Act and the choice of punishment for a crime;

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;