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(영문) 대구지방법원 2014.08.22 2014고정1043
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 20, 2011, the defendant was sentenced to a suspended sentence of two years in the Daegu District Court for criminal fraud. On January 12, 2012, the judgment became final and conclusive on January 2, 2012.

On April 16, 2008, the Defendant made a false statement that “The Defendant would pay money to the victim C, which is deposited by cashier’s checks, can be commercialized at 1 p.m. per day without being immediately commercialized, and if the Defendant borrowed KRW 6 million, he would be able to pay money in cash.”

However, the defendant did not have a deposited cashier's check, and even if he borrowed money from the victim due to no certain income, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as above, received 6 million won from the victim to the passbook on the same day.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Statement of each police statement related to C and D;

1. E statements;

1. Details of transactions, investigation reports, loan repayment certificates, investigation reports (Submission of evidential data) in the name of the suspect, foreign exchange bank, national bank, and national bank;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation records data inquiry, each written judgment (Tgu District Court Decision 2008Kadan3999, Daegu District Court Decision 201No507, Supreme Court Decision 2011Do900, Supreme Court Decision 2011Do900, Supreme Court Decision 201Do900).

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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;

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