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(영문) 청주지방법원 2018.11.13 2018고정381

사기

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around August 2016, the Defendant: (a) at the “C” clothes store located in Cheongju-gu, U.S., U.S., U.S., U.S., U.S., U.S., U.S., the Defendant: (b) made a letter of delegation in writing to grant payment to D; (c) whether the Defendant was not aware of the payment of the time

The payment of money was made by false means, “The loan of KRW 2 million is made, since there was no difference in the payment of money.”

However, on October 25, 2016, the defendant did not have any intent or ability to repay the loan even if he borrowed money without the time limit deposit.

Nevertheless, as seen above, the victim was accused of the victim and the victim was delivered KRW 2 million around August 2016 to the victim.

The Defendant continued to receive KRW 2 million from the Defendant, so long as there has not been much time, the Defendant did not obtain property benefits by receiving KRW 4 million additional KRW 2 million from the injured party on two occasions, including by receiving additional KRW 2 million from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act concerning a crime and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The Defendant and his defense counsel convicted of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order was sufficient to pay the Defendant at the time of the instant crime, and the extent of the Defendant’s deception violates the good faith principle.

I argue to the effect that it is difficult to view it.

In light of the above evidence and the circumstances after the crime of the defendant, it is sufficiently recognized that the defendant did not have sufficient means to repay.

In addition, it was true that the defendant received five million won from the fraternity on September 25, 2016. However, the amount of money to be actually received is not more than 2.8 million won.