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(영문) 전주지방법원 2014.09.12 2014고정632
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 13, 2012, the Defendant: (a) at the house of the victim D(74 years of age) of the Dongdaemun-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, Co., Ltd. (hereinafter “Seoul Special Metropolitan City Co., Ltd.”); (b) on April 13, 2012, the Defendant: (c) borrowed 10 million won due to the lack of funds, and (d) decided to receive the proceeds of the punishment, and (e) borrowed 1/3 of the proceeds of the punishment; (b) but (c) refused it due to the absence of cash, the Defendant agreed to lend E’s bill, which was found to have been repaid.”

However, the defendant did not have the intent or ability to approve the bill on the date of payment even after borrowing the bill as above.

Nevertheless, by deceiving the victim as above and allowing the victim to lend a promissory note (an amount of one million won on face, an amount of one million won on April 13, 2012 on the date of issuance, and an amount of payment on July 2, 2012) issued by non-party E, and thus, the victim did not pay the amount of the promissory note at the due date and did not make payment on behalf of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

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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