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(영문) 춘천지방법원 2018.05.31 2017고정501

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 8, 2016, the Defendant stated that “The Defendant loaned only KRW 1,300,000,000,000,000,000,000 to the victim C, in front of the U.S. A. agricultural branch of the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seoul.”

However, in fact, the defendant did not have a meeting at the time and did not receive an amount of time, and there was no intention or ability to pay the amount of money even if he borrowed money from the victim due to lack of living expenses.

The defendant deceivings the victim as above and received 1,300,000 won on the same day as the borrowed money from the victim.

2. 2016. 9. 29. 경 사기 피고인은 2016. 9. 29. 경 제 1 항 기재 장소에서 피해자 C에게 “ 내가 땅을 샀는데, 땅을 고르는 작업을 하는데 돈이 만만치 않게 들어간다.

Therefore, only the working cost of land was 30,000,000 won and the money was loaned."

However, the Defendant did not have any intention or ability to repay money even if he borrowed money from the injured party due to lack of self-sufficiency, on the ground that the Defendant did not purchase the land at the time. The Defendant did not have any intention or ability to repay money from the injured party due to lack of living expenses.

The defendant deceivings the victim as above and was given KRW 11 million on the same day under the pretext of borrowing from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the accusation, detailed statement of deposit transactions, and copy of a check before himself/herself;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Recognizing that there is no criminal history against the defendant in the sentencing of Article 334(1) of the Criminal Procedure Act, and that he/she commits his/her crime.