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(영문) 대구지방법원 상주지원 2017.04.25 2016고정186
사기
Text

Defendant shall be punished by a fine of KRW 900,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 2015, the Defendant stated that “D cafeteria” located in Seodaemun-si, D Da refers to the victim E, “on April 2016, 2016, the Defendant borrowed money from husband’s business funds to the victim E, and the Defendant would pay the principal and interest sufficiently.”

However, in fact, the Defendant did not have any particular income or assets at the time and did not pay a large amount of debt, and the Defendant thought that most of the borrowed money would be used to repay other debts, and did not have any obligation to repay the borrowed money from the damaged party.

On June 1, 2015, the Defendant received 9.3 million won from the injured party to the Agricultural Cooperative Account in the name of F, the husband of the Defendant, from the third party, and acquired it by fraud.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. A protocol concerning the examination of the police officers of the accused;

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. 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;

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