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(영문) 대구지방법원 경주지원 2018.09.13 2018고정116

사기

Text

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

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

Reasons

Punishment of the crime

On June 10, 2012, the Defendant would dispose of the Plaintiff’s house in Seoul, inherited from his father who lent KRW 20 million to the Defendant, and would pay money to the Defendant until April 10, 2013.

“A false representation was made.”

However, in fact, around April 13, 1996, the Defendant prepared a letter of renunciation of inheritance to G, who is a dubed father F around April 13, 1996, and received KRW 5 million from G. Accordingly, there was no inherited property at the time of the instant case. Around June 2012, the Defendant was suffering from economic difficulties to be unable to pay wages to his employees. Around the time of the instant case, even if the Defendant’s debt exceeds KRW 10 million, there was no intent or ability to pay the said money even if he borrowed money from the damaged person.

The Defendant received 20 million won in cash from the injured party on the same day as the borrowed money.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;