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(영문) 청주지방법원 2019.10.31 2019고정449
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On December 2, 2016, the Defendant made a false statement to the effect that “The Defendant would borrow money from the Defendant after obtaining a certificate of balance of the head of the Tong if he/she would obtain a certificate of balance of the head of the Tong if he/she would obtain a loan from the victim B.”

However, the defendant was thought to use the money received from the victim for his own cost of living, and even if he borrowed the money from the victim, he did not have the intent or ability to repay it.

As above, the Defendant, by deceiving the victim, received KRW 3,600,000 from the victim on December 7, 2016, by deceptioning the victim and receiving KRW 900,000 from the victim on December 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the police against the accused (including the substitute part);

1. Application of the police protocol protocol law to B

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The sentencing order under Article 334(1) of the Criminal Procedure Act has been smoothly agreed with the victim after the institution of public prosecution, and all other circumstances which form the conditions for sentencing, such as the defendant's age, character and conduct, and environment, shall be determined as per the order.

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