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(영문) 대전지방법원 2015.06.18 2014고정2061
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around 14:00 on November 27, 2013, the Defendant stated, at the home of the victim C located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, that “If the victim lends only five million won to the victim, the Defendant would have the victim give a premium after one month.”

However, the defendant was not in a situation where he can receive the time limit money, and even if he borrowed money from the victim, he did not have the intention or ability to pay the money.

As above, the Defendant, by deceiving the victim, had the victim apply for a loan of KRW 5 million in the Geumsan Agricultural Cooperative on the same day, received the passbook from the victim, etc. on behalf of the victim, and acquired the loan amount of KRW 5 million from the bank counter, and acquired it by fraud.

2. At around 16:00 on November 27, 2013, the Defendant: (a) entered the passbook in a cash withdrawal machine installed in the said place without C’s permission, and then withdrawn KRW 2.7 million on three occasions, after entering the password known to C in advance, at the Dong-dong branch of the Daejeon Agricultural Cooperative, the Seoul Special Metropolitan City (Seoul Special Metropolitan City).

As above, the Defendant stolen 2.7 million won in cash owned by the victim agricultural cooperative.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to investigation reports (the attachment of details of bankbooks);

1. Relevant Article 347 (1) of the Criminal Act and Article 329 of the Criminal Act (the point of fraud and the choice of fines) concerning criminal facts;

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

1. Articles 70 (1) 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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