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(영문) 대전지방법원 2016.01.13 2015고단3537

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant, on January 3, 2012, at the “E cafeteria” operated by the Victim D in Seo-gu Daejeon, Seo-gu, Daejeon on January 3, 2012, the Defendant: (a) had the Victim D to use money to the Defendant.

section 3.

The interest shall be paid at the time of lending money and shall be repaid within six months.

“.” The purport was “.

However, in fact, the defendant thought that he would use the above money, and the defendant raised two children as revenue of 1.5 million won per month, but he did not have any intention or ability to pay the money within six months, even if he borrowed the above money from the injured party, since he was in short of living expenses, such as monthly rent and three months or smuggling.

Nevertheless, the Defendant, as seen above, received 3.5 million won from the victim by deceiving the victim, and transferred 3.5 million won to the Saemaul Treasury account (F) in the name of the Defendant on the same day, and transferred 2.5 million won in the same manner as around the May of the same month and 2 million won in the same manner on the 31st day of the same month, and transferred 8 million won in total on three occasions.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Judgment;

1. Application of Acts and subordinate statutes to inquiries about card loan transactions;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of punishment: Fines (including reflectivity, partial details of the crime, agreement, and scale of damage, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;