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(영문) 서울서부지방법원 2016.11.17 2016고정1336

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Around 15:00 on April 2, 2014, the Defendant stated that “The Defendant shall lend money to a child, and if he/she has no money, he/she shall repay money within three months, because he/she has lent money to a child.”

However, in fact, the defendant thought to use the bicycle racing fund as the gambling fund, and even if he/she borrowed money from the victim, he/she did not have the intention or ability to repay it within three months.

Nevertheless, the Defendant, by deceiving the victim as above, was given KRW 1 million in cash from the victim who was in his seat.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;