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(영문) 의정부지방법원 2020.05.21 2020고정556
사기
Text

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

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

Reasons

Punishment of the crime

Around May 6, 2019, the Defendant stated that “If the Defendant borrowed money to the victim D, due to lack of money to have the right to receive the payment, the Defendant shall pay 180,000 won interest on the borrowed money, 180,000 won, and the principal shall be paid up until August 6, 2019, and the husband shall be paid up to August 6, 2019.”

However, in fact, the defendant had a personal obligation of KRW 13 million at the time, and the husband of the defendant was not entitled to the industrial accident insurance compensation due to the death of the defendant due to suicide, and there was no intention or ability to pay it from the beginning even if he borrowed money from the victim.

On May 6, 2019, the Defendant received 6 million won through the account of community credit cooperatives (Account Number E) in the name of the Defendant from the victim as the borrowed money from the victim, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint, a certificate of borrowing and a statement of transactions;

1. Application of Acts and subordinate statutes on response data;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act provides that the amount of fine for a summary order shall be partially reduced by taking into account all the circumstances revealed in the trial process, such as the defendant's age, character and conduct, environment, criminal records, circumstances after the crime, etc., and the fact that the defendant's reason for sentencing of Article 334(1) of the Criminal Procedure Act recognizes the crime of this case and appears to have agreed

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