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(영문) 대구지방법원 상주지원 2016.04.05 2015고정238
사기
Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On January 15, 2015, the Defendant called the victim E at a D private house or restaurant located in Seodaemun-si (Seoul) on or around January 15, 2015, and called the victim E, “on the face of lending KRW 3 million (3 million) to another place, he/she will find a plaque left as security and leave it as security.

In addition, a false statement was made that the monthly interest will be paid and the payment will be made after two months.

However, in fact, the defendant had a large number of obligations, and there was no intention or ability to pay money to the victim because of the cafeteria revenue operated by the defendant.

The Defendant received KRW 3 million from the damaged party to the Agricultural Cooperative Account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The legal statement of witness E (the defendant's failure to locate and leave it as security);

(2) The purport of the loan of money)

1. Application of Acts and subordinate statutes of each police statement protocol to E;

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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