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(영문) 청주지방법원 2021.01.13 2020고단339
사기등
Text

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

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

Reasons

Punishment of the crime

1. On January 25, 2020, the Defendant is a person working at the D hospital from “food store operated by the victim C in the petition-gu, Cheongju-si on January 25, 2020” to the victim.

At present, there is no money by getting a taxi on the taxi in order to go on the tent.

If only KRW 100,000 is lent, it will be transferred to the account transfer immediately at 9,000 won.

The phrase “ makes a false statement.”

However, the defendant did not have any particular property and monthly income in the state of absence of occupation at the time, and even if he borrowed money from the injured party, he did not have any intent or ability to repay the money.

The defendant deceivings the victim as above and received 100,000 won from the injured party.

2. The Defendant: (a) around January 27, 2020, at around 23:30, the “food store operated by the victim E in the petition-gu, Cheongju-si; and (b) there is no money by getting the victim posted on the taxi at present.

10,000 won shall be lent on the following day.

The phrase “ makes a false statement.”

However, the defendant did not have any particular property and monthly income in the state of absence of occupation at the time, and even if he borrowed money from the injured party, he did not have any intent or ability to repay the money.

The Defendant: (a) by deceiving the victim as above and attempted to deliver KRW 100,000 to the injured party; (b) however, the victim was attempted to refuse to do so.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of the Acts and subordinate statutes of C and E;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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