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(영문) 대구지방법원 김천지원 2019.07.11 2019고정104
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 10, 2016, the Defendant borrowed 32 million won from the victim C's residence in Kimhae-si, Kim Jong-si around October 10, 2016 to the extent that the Defendant borrowed 32 million won or more from the victim's previous loan to the victim, and borrowed 10 million won or more.The Defendant made a false statement to the effect that the Defendant borrowed 32 million won or more.

However, at the time, the Defendant was at least KRW 130,000,000, and was unable to pay health insurance premiums from around 2005, and the credit rating was limited to Grade 7, and the Defendant did not have the ability to pay money normally even if she borrowed money from the victim, such as using it to prevent the return of money borrowed from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received KRW 20 million from the victim on October 12, 2016, KRW 8 million around November 28, 2016, and KRW 32 million from March 21, 2017 to the Defendant’s agricultural bank account (D).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to credit information of the E stock company), investigation report (Binding data submitted as a complaint - copies of documentary evidence, etc.), investigation report (written statement by a complainant), investigation report (Submission of detailed statement of suspect deposit transactions);

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

1. Articles 70 (1) 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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