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(영문) 수원지방법원 안산지원 2016.12.22 2016고정1441
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 25, 2015, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on September 11, 2015.

On September 28, 2011, the Defendant made a false statement to the victim C, “The Dogg National University had performed brain operation at the Syncheon Hospital, but the Dog National Hospital could not discharge the Dog National Hospital because of lack of hospital expenses. If the Dog National University National University National University National University National University National University National University National University National University National University National University University National University National University University National University University National University University National University University National University University National University University National University University National University University National University University University National University University

However, even if the Defendant borrowed money from the victim, it was thought that most of it would be used for living expenses and personal debt reimbursement, etc., and there was no intention to use it as the hospital expenses, and there was no intention or ability to repay the above money to the victim because there was no particular profit as a credit bad person at the time.

As above, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the bank account (E) in the name of D as a loan, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Cash storage certificate, C Bank transaction statement, and D Bank transaction statement;

1. Previouss before judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions and results of confirmation;

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

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

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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