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(영문) 인천지방법원 2013.05.10 2013고정1266
사기
Text

As to the crime No. 1 of the judgment of the defendant, a fine of KRW 500,00,000 shall be imposed on the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On April 21, 2011, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, which became final and conclusive on July 7, 2011.

1. Around April 5, 2008, the Defendant made a false statement to the victim B, stating, “I will pay a full payment within one week if I lend two million won to the victim B.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, obtained 2 million won from the victim around April 7, 2008 and acquired it by deception.

2. On July 25, 2011, the Defendant made a false statement that “If 200,000 won is loaned, 200,000 won will be repaid in a lump sum” by phone to the victim B.

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim, received 200,000 won from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Grade B of the second police interrogation protocol against the accused;

1. A detailed statement of transaction in one bank;

1. Before ruling: Application of Acts and subordinate statutes to inquiries into the defendant's legal statement, criminal record, etc.;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act (the crimes of Article 1 at the time of sale and the fraud for which judgment has become final and conclusive);

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

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

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