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(영문) 대구지방법원 포항지원 2015.09.14 2015고정87

사기

Text

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

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

Reasons

Punishment of the crime

On November 22, 2013, the Defendant made a false statement to the victim B, stating that “it is not sufficient to cover the construction cost, and installment savings are to be repaid in January of each year, and three million won are to be lent.”

However, there was no installment savings scheduled to be due, and there was a debt of several million won at the time, and even if there was no economic interest from the lending company due to the default of payment, etc., even if the Defendant borrowed money from the victim due to the lack of economic power, he did not have any intent or ability to repay the money.

The Defendant received three million won from the victim in the same manner as the loan was received from the victim on November 28, 201 of the same year, and two million won around January 7, 2014 from the victim as the loan money.

Accordingly, the defendant was given a total of eight million won by deceiving the victim.

Summary of Evidence

1. Part of the protocol of interrogation of the police against the defendant (second time, second time, and second time)

1. Application of the police protocol protocol law to B

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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;