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(영문) 춘천지방법원 강릉지원 2017.08.09 2017고단495
사기
Text

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

When the above fine is not paid, the defendant shall be the defendant for 10 days.

Reasons

Punishment of the crime

The defendant around 16:00 on June 24, 201, at the 7 Samsung Bio-office as the ship owner around 16:00, and at the 7 Samsung Bio-office as the victim C, the defendant would receive insurance money from the victim C by lending the amount of insurance money to the victim C after one month after the death of the penalty as pneumoconiosis symptoms.

“The purpose of “ was to make a false statement.”

However, the Defendant had no particular property at the time and had a liability of approximately KRW 30 million, and there was no right to receive death insurance money or there was no agreement from the bereaved family members to borrow the above death insurance money. Therefore, there was no intention or ability to repay the borrowed money as agreed upon.

The defendant deceivings the victim as above, and he acquired the amount of KRW 5.9 million from the victim on June 27, 201 and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. Application of Acts and subordinate statutes to each letter of guarantee;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is the type of the instant crime (a non-use fraud), the degree of confirmation of the criminal intent of the Defendant, the interest paid is about 2/3 of the principal, taking into account the circumstances surrounding the instant complaint, etc., the decision of fine is made and the sentence against the Defendant is determined as the same as the order.

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