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(영문) 수원지방법원 안양지원 2019.08.08 2019고단688

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On June 27, 2017, the Defendant made a false statement to the “D” of the Victim C’s Operation on Ansan-gu B and the first underground floor of Ansan-si, Mayang-si on June 27, 2017, stating that “A credit business should be carried out as if the Defendant were engaged in credit business, and that the Defendant would pay back the accumulated money to the victim.”

However, in fact, the defendant only thought that he will repay his personal debt or use it for the cost of living with the above money, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, by deceiving the victim as such, received KRW 1 million from the Nonghyup Bank account (Account Number: E) in the name of the Defendant from the victim.

2. On June 28, 2017, the Defendant committed a fraudulent act as if he/she engaged in credit business in the foregoing “D” on June 28, 2017, and concluded that “The Defendant borrowed KRW 180,000,000,000,000,000,000,000 won, in exchange for money to the victim, would have to be repaid with the money first lent within one week if he/she borrowed money.”

However, in fact, the defendant only thought that he will repay his personal debt or use it for the cost of living with the above money, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

The Defendant, by deceiving the victim as such, received 1.8 million won from the Nonghyup Bank account (Account Number E) in the name of the Defendant from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Details of deposit transactions;

1. Application of the Acts and subordinate statutes to letters and photographs of suspect;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The fact that the crime was committed during the period of identical repeated crime on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is disadvantageous to the defendant.

Defendant.