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(영문) 대구지방법원 포항지원 2016.08.24 2016고정292

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

From September 1, 2012, the Defendant operated a laundry in the name of "C" in South-gu, Nam-gu, the Defendant: (a) laundry from around September 1, 2012 to 300,000 won per month in the cost of the laundry services; and (b) laundry services have been offered from 300,000 to 1.2 million won per month in the cost of the laundry services.

On August 21, 2014, the Defendant stated to the effect that “Around August 21, 2014, the Defendant would pay KRW 5 million to the victim for the occupancy fund of an apartment, if the amount of KRW 5 million is lent to the mother and child, KRW 2.5 million until September 30, 2014, and KRW 2.5 million until October 30, 2015.”

However, in fact, even if the defendant borrowed five million won from the injured party due to a large amount of personal debt, he was thought to use it for the repayment of his personal debt, but did not have the intention or ability to use it as the occupancy fund or to repay the borrowed amount normally at the due date.

Nevertheless, the defendant was issued five million won on the same day from the injured party by false statements as above.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the accused (including a cross-examination);

1. Application of Acts and subordinate statutes of police statement protocol to E;

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

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;