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(영문) 전주지방법원 2014.07.23 2014고정486

사기

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who engages in construction business.

The defendant did not have the intention or ability to repay the above even if he borrowed money from the complainant B.

Nevertheless, on October 31, 2013, the complainant made a false statement that "it is necessary to keep the complainant from paying money up to five days after the truth" by phone to the complainant.

In addition, it received 2 million won on the day from the complainant and 3 million won on April 11, 200 on the day, and acquired 5 million won in the name of the defendant as the passbook in the name of the defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

1. Articles 70 (1) 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;