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(영문) 대구지방법원 2017.12.15 2017고정1886

사기

Text

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

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

Reasons

Punishment of the crime

[Criminal record] On June 17, 2011, the Defendant was sentenced to a suspended sentence of one year and six months for fraud, etc. at the Daegu District Court, and the judgment became final and conclusive on June 25, 201.

[2] On May 3, 201, the Defendant stated that “The Defendant would pay back to the Defendant’s office located in Daegu-gu, Daegu-gu, that “The Defendant would pay back to the Victim C with a loan of KRW 7 million in the amount of KRW 7 million which is urgently required to purchase the Mabag.”

However, even if the Defendant received money from the injured party, he/she thought that he/she will use it for personal purposes, such as living expenses, etc., and as at the time, he/she had a debt amounting to KRW 12 million, so he/she did not have any intent or ability to repay the debt even

As such, the Defendant, by deceiving the victim, received 7 million won from the victim to the post office account (D) in the name of the defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A complaint (C), receipt of loan, details of the account of a national bank, reply to inquiries about personal credit assessment, and reply to requests for financial transaction information;

1. Previous records of judgment: Application of the copy of the judgment bound in the records of public trial, and output of the screen pictures for prosecutor's case search;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 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;