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(영문) 대구지방법원 김천지원 2018.06.26 2018고정132
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 May 6, 2016, the Defendant: (a) at the D cafeteria operated by the victim C in the Gu-Si, Gu-Si, Gu-Si, the Defendant “it is necessary to cover two million won with the cost of removing construction works.”

The loan shall be repaid in one month from the face value of the loan.

The phrase “ makes a false statement.”

However, the Defendant was in bad credit standing and was in excess of the obligation due to the lending company, etc., and there was no income due to absence of certain occupation, and thus, there was no intention or ability to repay the loan even if the Defendant borrowed money from the damaged party.

Nevertheless, the Defendant received KRW 2 million from the injured party, via the F Cooperative account (Account Number G) in the name of E on the same day, and received KRW 200,000 in cash around May 13, 2016, and received KRW 300,000 in cash on May 19, 2016, and received KRW 500,000 in cash around May 21, 2016, and received KRW 3 million in total from the injured party four times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on trading specification lists;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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