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(영문) 수원지방법원 성남지원 2018.06.08 2017고정1860
사기
Text

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

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

Reasons

Punishment of the crime

On March 21, 2016, the Defendant: (a) around March 21, 2016, at the C coffee specialty store located in Seocho-gu Seoul Special Metropolitan City, Seocho-gu Seoul Metropolitan City (hereinafter referred to as Seocho-gu Seoul Special Metropolitan City, giving the victim D the receipt of the person under detention, and (b) lent the money to E if it is necessary to pay the money amount of KRW 4 million.

B. A false statement was made that the loan of KRW 4 million to B is to be repaid after one week.

However, at the time of borrowing 4 million won from the injured party, the Defendant did not have the intent or ability to repay the borrowed amount to the injured party.

Around March 21, 2016, the Defendant received KRW 3 million from the victim’s wife G account in the name of H bank account in the name of the Defendant (Account Number: I), KRW 500,000 from the K account in the name of the victim at around June 2, 2016, KRW 50,000 from the K account in the name of the victim at around 09:40,000,000 to the above E G account in the name of the victim, and KRW 50,000 from the H bank account in the above name of J on July 22, 2016 to the above E G account in the name of the victim at around 12:41.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Application of Acts and subordinate statutes on transfer details;

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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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