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(영문) 대구지방법원 김천지원 2017.02.07 2016고정574
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. On April 10, 2015, the Defendant: (a) knew that the deceased Party B, the husband of the victim B, who was one of his or her own son, died during the vessel operation; (b) told the victim to the effect that on April 20, 2015, the Defendant confirmed the balance of the account of the husband’s husband’s account that died; and (c) confirmed the balance with the victim with the cash card connected to the Defendant’s agricultural bank account (Account Number:D) at the point of Bocheon-gu, Bocheon-gu, Bocheon-si, Dong-dong, Bocheon-si; and (d) deemed that the balance remains in the above passbook, the Defendant loaned money to the victim.

However, in fact, the Defendant did not have any intention or ability to pay the above money even if he borrowed money from the injured party because he thought that the money was used for gambling in a casino.

Nevertheless, the defendant deceivings the victim as above and obtained 4.2 million won in cash from the victim, i.e., the victim, and acquired it by fraud.

2. Larceny;

A. On the date stated in paragraph 1, the Defendant received the said cash card from the injured party and confirmed the remaining amount as above, and possessed it as is without returning it to the injured party. On April 20, 2015, the Defendant withdrawn KRW 1 million in cash by inserting the said cash card from the point of Bocheon-gu, Bocheon-si, Bocheon-si, Bocheon-gu, Bocheon-si into the withdrawal machine and inputting the password known in advance.

B. On April 21, 2015, the Defendant: (a) withdrawn 21.80,000 won in total on four occasions, as described in paragraph (1), from the point in Hancheon-dong, Taecheon-si, Taecheon-si, Taecheon-si, Taecheon-si, and stolen it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of police investigation report (CCTV and copy of passbook A) Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and the choice of each fine for a crime;

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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