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(영문) 춘천지방법원 강릉지원 2015.05.07 2015고정13
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 15, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. in the Gangnam Branch of the Chuncheon District Court on May 15, 2012, and the judgment became final and conclusive on May 23, 2012.

1. On January 201, the Defendant made a false statement to the victim Cda in Seocho-si B, stating that “The Defendant shall repay the money borrowed to another person within one month with the interest that he/she shall repay the money borrowed to another, and that he/she will give him/her with the interest that he/she will do.”

However, even if the defendant borrows money from the victim, the defendant did not have the intention or ability to pay the money to the victim within the limit of one month in the situation where economic difficulties are difficult at the time.

Nevertheless, the Defendant, as above, was accused of the victim and received 5 million won in cash from the victim.

2. On March 15, 201, the Defendant made a false statement to the victim at Cdaa located in Gangnam-si B around 15:00 on March 15, 201, stating that “The Defendant shall pay off the interest within one month, if he/she lends 2:2 million won as he/she requires urgent money, and that he/she shall give him/her an opportunity to do so by finding out the interest.”

However, even if the defendant borrows money from the victim, the defendant did not have the intention or ability to pay the money to the victim within the limit of one month in the situation where economic difficulties are difficult at the time.

Nevertheless, the Defendant, as above, was accused of the victim and was given 220,000 won in cash from the victim.

In this respect, the defendant deceivings the victim to acquire a total of KRW 7.2 million from the cash owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Previous records of judgment: Application of each investigation report (not before disposition, report on results of confirmation, confirmation date, etc.), and a copy of each decision;

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

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

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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