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(영문) 대전지방법원 2013.05.09 2013고단856
사기
Text

A fine of two million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 25, 2006, the Defendant made a false statement to the victim D, stating, “If the victim has been deprived of the time limit, 7.5 million won would be repaid by means of getting off the said time limit, etc.”

However, the Defendant was unable to pay monthly rent of 4.50,000 won per month due to the absence of occupation at the time, and was unable to repay obligations borrowed from other persons, and there was no intention or ability to repay such obligations even if the Defendant borrowed money from the victim due to the absence of any payment.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained 5.4 million won on the same day as the borrowed money from the victim, and obtained 2 million won on February 24, 2006, respectively, and acquired 7.4 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

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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