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(영문) 서울동부지방법원 2018.04.05 2018고단463
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around December 27, 2013, the Defendant provided a copy of the household check (No.X) in the name of C that was forged by the Defendant to the victim W, which was the introduction of V at the coffee shop near the building area in Gwangjin-gu Seoul Special Metropolitan City (No. 500,000 won) and provided three copies of interest on a loan of five million won (5,00,000 won), and received a delivery from the person who believed the payment of the household check, 4.5 million won excluding the interest on the same day.

However, in fact, the check presented by the defendant as security to the victim was forged by the defendant, and the defendant did not have any intention or ability to pay the above amount until March 27, 2014.

Accordingly, the defendant deceivings the victim and defrauds 4.5 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Written statements made by the police;

1. The loan certificate;

1. Application of a copy of household check;

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

1. In full view of the reasons for the sentencing of Articles 70(1) and 69(2) of the Criminal Act, the following circumstances and other conditions of the sentencing indicated in the records, the sentence shall be determined as ordered.

The defendant has the same power and the victim's damage has not been recovered most.

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