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(영문) 의정부지방법원 고양지원 2014.03.26 2014고정137

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 16, 2013, the Defendant made a false statement to the victim B, stating, “If the Defendant borrowed the agreed amount as it is urgently required due to traffic accidents in the local area, he will pay it after two to three days.”

However, in fact, the defendant did not have any traffic accident and thought that he would use it as an auction fee for real estate with money from the victim, so there was no intention or ability to use it as an agreement fee for traffic accident, and there was no intention or ability to pay it two to three days even if he received money.

On April 16, 2013, the Defendant received KRW 2 million from the victim to the bank account in the name of the Defendant on April 16, 2013, KRW 1.5 million to the same account on April 17, 2013, and KRW 5 million to the same account on April 25, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The second written statement made to the accused in the interrogation protocol No. 2

1. Application of Acts and subordinate statutes on the screen screen by deposit statement and Kakaof course;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act for the crime, the choice of fines (including those agreed with the victim and those without the same kind of power);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.