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(영문) 대전지방법원 2014.01.03 2013고정2289
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around March 2013, the Defendant did not have any particular property, and was at least eight million won due to gambling, and there was no installment savings equivalent to KRW 15 million in the passbook in the name of B, and even if the Defendant wishes to receive money from the victim, he/she did not have any intent or ability to repay the money within the period agreed upon, even if he/she received money from the victim because he/she was to use it for gambling or gambling with the borrowed money.

1. On March 24, 2013, the Defendant called the victim D, who was known to the ordinary meeting at the Cpande of the Chungcheongnam-gun, Chungcheongbuk-gun, and borrowed the money from the victim D, to “if the Defendant lends KRW 10 million, he/she borrowed the money after this mold. The money will be delivered through friendly job offering E.” The Defendant received KRW 10 million from the victim as the borrowed money, and acquired it through E.

2. On March 25, 2013, the Defendant, at around 11:30 on March 25, 2013, concluded that “If the Defendant lends KRW 30 million to the victim’s house of Sejong F, the Defendant shall pay the victim after this mold, and if he/she fails to pay it after this mold, he/she shall receive the installment savings of KRW 50 million in the name of a de facto marital related person B within one month at the latest, and he/she shall receive KRW 30 million from the victim as the borrowed money.”

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Category D statutes to the prosecution's protocol of interrogation of the defendant

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

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

1. Articles 70 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 does not have the same criminal record, reflects the fact that the sentence is being imposed, and the amount of KRW 40 million after the prosecution is instituted, and agreed with the victim.

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