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(영문) 대전지방법원 2015.11.12 2015고정1492
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 6, 2012, the Defendant: “Around Daejeon, the Defendant would immediately repay the victim B with the loan of KRW 10 million up to the date of the loan. A vehicle will be offered as security for Dbe-crat-crat-ship vehicles in the name of C. A vehicle can not be delivered to the head of the Gu due to the circumstances under which it is to be used at the time, and all documents necessary for the execution of the security have been completed.”

However, in fact, the above vehicle was planned to be disposed of to another person and did not have the idea to provide it as security to the victim, and there was no intention or ability to repay the money even if it was borrowed as above.

The Defendant, as such, by deceiving the victim, received 9.6 million won from the victim to the Agricultural Cooperative Account under his name, i.e., the money borrowed from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to B

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act Article 334(1) of the order of provisional payment shall be determined as per the order in consideration of the fact that victim B does not want the punishment

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