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(영문) 대구지방법원 2019.01.09 2018고정1283

사기

Text

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

Where the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On July 25, 2016, the Defendant made a false statement that he would lend money to the victim B that he would not pay the bill to the victim B.

However, in fact, the defendant did not have any intention or ability to pay the amount within the agreed time limit because it is unclear whether or not to receive the money because the construction works, which he had a debt equivalent to about 1.5 billion won at the time, had been prepared and the approval of the project has not become final and conclusive.

Nevertheless, the Defendant, by deceiving the victim as above, received nine million won from the victim to the CF’s account in the name of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to accusation, loan certificates, and copies of bankbooks;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;