beta
(영문) 대구지방법원 포항지원 2016.10.12 2016고단936

사기

Text

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

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

Reasons

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. in the Daegu District Court Port Support on April 21, 2016, and the said judgment became final and conclusive on June 1, 2016.

On March 19, 2015, the Defendant made a false statement to E (the 62 years of age) who is a branch in the D 2nd floor located in the Northern-si, Northern-si, Northern-si, the Defendant borrowed KRW 15 million as he/she needs to pay the 300,000 won interest in one month and one year thereafter.

However, in fact, the Defendant did not have any intention or ability to pay the amount of KRW 370,00,000,000 without any income or property in addition to receiving KRW 370,000 per month of the cost of supporting persons eligible for livelihood at the Dong office.

The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim on or around the 20th day of the same month as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. A certificate of borrowing;

1. Comprehensive credit report;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (the fact that they are ex post facto concurrent crimes);

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the selection of fines (in addition to the amount of principal 15 million won and interest 18 million won for the victim), and Article 347(1) of the Criminal Act of the choice of punishment (in addition to the amount of principal 15 million won and interest 3 million won for the victim), the victim was willing to pay the Defendant’s wife, taking into account the equity between the case before the first head of the judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the relationship between the case before the judgment and the case of concurrent crimes

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;