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(영문) 대구지방법원 포항지원 2013.08.09 2013고정382

사기

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 1:00 on February 28, 201, the Defendant was found to have returned money to North-gu C, Posi, the domicile of the victim B (Nam, 76 years of age), and if the Defendant borrowed 4 million won, he/she would make a false payment after one month, he/she would have paid 4 million won on the day from the victim. Around 13:00 on May 31, 201, the Defendant borrowed 4 million won at a low time when he/she borrowed 2 million won since he/she had returned to the victim’s residence at around 13:00 and then borrowed 2 million won as he/she was urgently required to recover her money. < Amended by Act No. 10574, Jun. 30, 2011>

However, even if the victim borrowed money from the victim, there is no intention or ability to pay the money more than one month.

As above, the Defendant got a total of 6 million won from the victim on two occasions by making a false statement to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 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;