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(영문) 수원지방법원 2015.01.22 2015고정14
사기
Text

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

Where the defendant does not pay the above fine, only 10 days shall be the day.

Reasons

Punishment of the crime

On September 26, 2013, the Defendant appealed from the Suwon District Court after being sentenced to a suspended sentence of two years for six months due to the fabrication of private documents, etc., on February 6, 2014, which was withdrawn and the judgment became final and conclusive.

On January 19, 2012, the Defendant changed the loan work cost and made a false statement to the victim C who was introduced through B in a Buddhist land of Gyeonggi-do (hereinafter referred to as "Seoul"), because it could receive loans from one bank.

However, the defendant had no intention or ability to accept a loan from the victim.

Nevertheless, the Defendant belongs to the victim as above, and was transferred from the victim to the account (D and National Bank E) designated by the Defendant under the pretext of loan operation expenses.

Accordingly, the defendant, by deceiving the victim, acquired the property of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

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. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the crime, the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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