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(영문) 대전지방법원 2015.12.23 2014고정2138
사기
Text

As to the crime No. 1. in the judgment of the defendant, a fine of 2 million won shall be imposed on the crime No. 2. in the judgment. 2.0 million won.

Reasons

Punishment of the crime

On February 15, 2012, the defendant was sentenced to imprisonment with prison labor for 4 months and 2 years of suspended execution at the Daejeon District Court.

In addition to the monthly income of 1 million won, the Defendant merely borrowed money from others without any intention or ability to repay the money, and did not have any intention or ability to pay the money to the victim.

1. On October 26, 2009 and November 10, 2009, the Defendant received KRW 8 million from the victim who believed the horses, on the ground that the Defendant, before the Agricultural Cooperative, in front of the Seoul Special Metropolitan City, in the Jeju Special Metropolitan City of Jinan-gun, Jin-gun, Seoul Special Self-Governing Province, “on the loan of KRW 8 million, 8 million, would permit the old house and take a new house.”

2. On March 2012, the Defendant received KRW 4 million from the victim who believed the horses to be a new house on the same page by stating that “If the Defendant lends money to the victim C, because it would have borrowed money to the other party, it would necessarily be a new house,” from the mutual scam on the E 2th floor located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 12 million from the victim twice as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. C’s legal statement;

1. Loan certificate, etc.;

1. Application of Acts and subordinate statutes to a investigation report (an investigation into a specific part of the amount of damage), investigation report (an investigation into the details of passbook transactions by facsimile);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Article 11 and Article 55 (1) 6 of the Criminal Act for mitigation of deaf-mutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are deaf-mutes, and the defendant has no criminal record, and the facts constituting the crime as stated in Article 334(1) of the Criminal Procedure Act are the first head and the latter part of Article 37

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