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(영문) 대구지방법원 포항지원 2015.07.22 2014고정483
사기
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. Around 14:00 on May 31, 2012, the Defendant against the victim C made a false statement to the victim C at the “E” office located in Northern-gu, Northern-si, Mapo-si, Mapo-si, “I will receive a loan to the Central Branch of the Bank so I would like to know F at an interest rate of 0.2% per annum, so I would like to obtain a loan at the above interest rate, and would lend money of KRW 3 million as I needed.”

However, in fact, anyone can get a loan if he meets the terms and conditions of a loan, and even if he receives the above money from the victim, he did not have the intention or ability to use it as a loan.

Ultimately, the Defendant, by deceiving the victim as above, received 3 million won from the victim to the Defendant Nonghyup Bank account in the name of the Defendant on the same day.

2. Around 14:00 on June 4, 2012, the Defendant against the victim G made a false statement to the victim G at the “E office located in Northern-gu, Northern-si, Mapo-si, Mapo-si, stating that “The Defendant would lend money to the victim KRW 200,000,000,000, and as a result, the Defendant would make a full payment within five (5) days from the lending of money.”

However, the defendant did not have any monthly income due to the absence of occupation at the time, and even if he borrowed the above money, he did not have any intention or ability to pay the above money to the victim.

Ultimately, the Defendant, by deceiving the victim as above, obtained KRW 2 million from the victim on the same day, and obtained KRW 800,000 from the real estate real estate agent office at that time, and acquired KRW 2.8 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and G;

1. Application of Acts and subordinate statutes to each complaint (including attached documents);

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 (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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