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대구지방법원 서부지원 2016.03.09 2015고정1027
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Defendant,

A. On June 1, 2010, at the victim C’s house located in Daegu-gu apartment B, Daegu-gu, 105 Dong 103, 105, and 103, the Defendant: (a) provided that “The Defendant borrowed money during a divorce lawsuit with the husband and would receive consolation money from the husband; and (b) the victim believed that the horses were true and believed to have been delivered KRW 150,000.

However, the defendant has already been dead with her husband and has no intention or ability to pay the borrowed money, but has not received 150,000 won from the injured party and acquired it by fraud, and the same year from the same day as the list of crimes in attached Form 1.

9. Until August 18, 200, both were granted KRW 4,790,00 through 27 times and acquired it by fraud.

B. On June 25, 2010, the Defendant gave 100,000 won to the victim D, who is his/her father or mother, of the Daegu Apartment Bank, to whom he/she believed that he/she is true, provided that the victim D, who is his/her father or mother, to whom he/she would have borrowed the money from the money from the money from the money of the said C, would have to repay the money.

However, the defendant has already been dead with her husband and has no intention or ability to pay the borrowed money, but has not received KRW 100,000 from the injured party and acquired it by fraud, etc., for the same year from the same day as the list of crimes in attached Form.

9. From 17. up to 17., both parties obtained the delivery of 275,00 won through four times, and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Investigation report (report on temporary verification of the death of a witness E);

1. Application of Acts and subordinate statutes on trade specification lists and family relation certificates;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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