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(영문) 의정부지방법원 2018.03.28 2018고정432
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

On March 2016, the Defendant used the interest of the victim C at a non-cafeteria near the Dongwon-dong of the Government of his/her own city around the time of his/her mid-2016.

In the case of lending 10 million won or more only once, interest shall be paid in two copies per month and shall be paid in full after two months.

Inasmuch as “a person makes a false statement.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Around March 23, 2016, the Defendant acquired money from the injured party by receiving KRW 10 million from the new bank account opened in the name of the Defendant.

around March 2016, the Defendant called the phone at an unsound place, and did not provide the victim with things because of the fact that the victim had a large amount of money to engage in funeral services for his/her daughters.

If a bank lends 20 million won to a wholesaler, it is possible to bring the money to the wholesaler and take things and hold funeral services. The interest shall be paid in two copies per month and shall be paid in full if there is a grace period.

Inasmuch as “a person makes a false statement.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Around March 29, 2016, the Defendant acquired money from the injured party by receiving KRW 20 million from the new bank account opened in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of preparation and statement of prosecutor E;

1. Statement prepared and made by the police for C;

1. Application of Acts and subordinate statutes to the new bank passbook;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is against the defendant when committing the instant crime, considering the fact that the injured party does not want the punishment of the defendant, the primary fact that the injured party is the defendant's age, sexual behavior, environment, etc., as agreed with the victim, it is ordered as above.

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