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(영문) 춘천지방법원 강릉지원 2018.01.18 2017고정81

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 4, 2016, the Defendant was sentenced to a suspended sentence of three years for a year of criminal fraud at the Gangnam Branch Branch of the Chuncheon District Court, and the Defendant was sentenced to a suspended sentence of three years for fraud. However, on August 18, 2016, the said appeal was dismissed and the judgment became final and conclusive.

Even if the Defendant borrowed money from the victim C, the Defendant does not have the intent or ability to repay the money.

1. On August 21, 2014, the victim’s “E Kafbook” located in Gangseo-si, Chungcheongnam-si, has no money to appoint an attorney on a case-by-case basis for the victim’s complaint.

It shall be paid within one month from the loan of money.

“Along on August 22, 2014, 200,000 won was remitted from the injured party to the Agricultural Cooperative Account under the name of the Defendant from August 22, 2014;

2. Around December 12, 2014, the victim’s “Ekbook” requires an additional cost of three million won to appoint an attorney.

It shall be paid after one month of the loan.

“Along on December 13, 2014, false or false, from the injured party, 3 million won was remitted to the Agricultural Cooperative Account in the name of the Defendant at least three million won;

3. On May 20, 2015, a phone called to the victim at the seat of the border and immediately before the suspension of the card.

A loan of KRW 500,000 shall be paid in total by including the existing borrowed money within one week.

“Along on May 20, 2015, 500,000 won was remitted from the injured party to the Agricultural Cooperative Account under the name of the Defendant.”

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

Summary of Evidence

1. The legal statement of the witness C, and some of the witness F, legal statement;

1. Details of transactions of deposits and withdrawals;

1. Submission of reference documents (judgments);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 347(1) of the Criminal Act applicable to the crime, Article 347(1) of the option of punishment, and Article 347 of the Criminal Act (the defendant and his defense counsel shall deduct the defendant from G or the defendant a down payment of KRW 5 million where the defendant is unable to repay the borrowed money, the victim shall return the down payment of KRW 25 million.