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(영문) 의정부지방법원 2016.08.24 2016고단653

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On November 18, 2015, the Defendant concluded on November 18, 2015, that “E working for the victim D in Macheon-si, Spocheon-si,” the Defendant would lend money to the victim for the purchase of the accessories. After three days, the Defendant would pay back immediately because he/she had an amount of KRW 8 million.”

However, in fact, the Defendant did not have an intention or ability to repay money even if he borrowed money from the injured party because he did not have any specific property, on the other hand, he did not have any obligation, such as loans, but did not have any obligation amounting to KRW 80 million.

Nevertheless, the Defendant received 3 million won in cash from the injured party on the same day, and 1.5 million won in check from the injured party as the borrowed money, and acquired 4.5 million won in total.

2. On November 29, 2015, the Defendant, at the place indicated in the foregoing Paragraph 1, on November 29, 2015, concluded that “Around November 29, 2015, the Defendant made a false statement to the effect that “the Defendant borrowed hospital expenses and KRW 3 million, while performing construction works by an employee.”

However, even if the defendant borrowed money, he did not have any intention or ability to repay the money.

Nevertheless, the Defendant received 100,000 won from the injured party to the Agricultural Cooperative Account in the name of F of the Defendant on the same day from the injured party.

Summary of Evidence

1. Defendant’s legal statement

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on the loan certificate and transaction statement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts of the crime (opportune selection);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the fact that the Defendant, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, commits the instant crime during the period of probation for the same crime, the liability for such crime is not less complicated.

However, the defendant recognized his mistake and reflected his mistake.

A person who has suffered damage by agreement with the victim.