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(영문) 수원지방법원 안산지원 2017.01.12 2016고정1643
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Defendant around April 11, 2016, within the “E” office in Ansan-si, Agsan-si, where the injured Party C is in the territory of the injured Party C, and there is a need for the victim to catch “this new learning is underway.”

On the face of lending money, the vehicle was purchased and sold and the immediate repayment of the borrowed money was made false.

However, since the Defendant had no property at the time and had a debt of about 25 million won with the bank and the lending company, the Defendant did not have any intent or ability to complete payment even if he borrowed money.

Nevertheless, the Defendant received from the injured party the transfer of KRW 7 million to the account (F) of the Defendant’s bank as the purchase price for the new-learning vehicle.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. Taking into account all the circumstances, including the fact that the criminal defendant with reason for sentencing has reached a civil agreement with the victim after the prosecution of this case and the criminal defendant has no same criminal record;

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