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(영문) 광주지방법원 목포지원 2017.04.14 2016고단1036
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant, around May 1, 200, married with C on May 1, 200, had two children under the chain, the Defendant himself/herself divorced from D around October 2014 before 7 to 8 years.

In other words, it was approaching the victim from that time to that time, and became disturbed with the victim.

On September 18, 2015, the Defendant stated that “The Defendant shall receive the shipment payment from the victim at the end of the year when he/she borrowed money to pay a drinking driving fine.”

However, even if the Defendant borrowed money from the injured party, the Defendant was thought to use the money for personal purposes, such as entertainment expenses, without paying a fine, and there was no intention or ability to change the money to the injured party.

The Defendant received KRW 2 million from the injured party on the same day as the borrowed money.

Accordingly, the defendant deceivings the victim and received property from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of statutes on transaction details of the NongHyup Account in the victim name;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. This part of the facts charged

A. On December 15, 2014, the Defendant had no money to pay the victim KRW 600,000,000,000 from the Victim D’s House located in Sinpo-si G around December 15, 2014.

The term "to pay money after lending it" was called "I will pay money."

However, even if the Defendant borrowed money from the injured party, the Defendant thought that he did not pay the money to H and used it for personal purposes, such as entertainment expenses, etc., and since the monthly wage that the Defendant received was paid to the Defendant’s wife at the time, there was no intention or ability to pay to the victim.

The defendant shall be 600,000 won in the name of the same day borrowed from the injured party.

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