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(영문) 대구지방법원 김천지원 2015.11.12 2015고정216
사기
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

Around December 10, 2014, the Defendant borrowed three million won as a prepaid payment from the Dda bank operated by the victim C (n, 40 years of age) in the Gumi-si B (hereinafter “Ssisi”), the Defendant made a false statement that he/she would perform his/her duties as an employee from December 12, 2014 to January 10, 2015.

However, even if the victim received the advance payment, there was no intention to work as an employee of the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 2 million from the victim's seat as a prepaid deposit, and around the 16th day of the same month, received KRW 1 million from the Defendant's wife E Nonghyup accountF, and received KRW 3 million in total.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to loan certificates and investigation reports (attached to details of passbook transactions) attached to a written complaint;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act concerning criminal facts, the choice of fines (applicable to the same type of punishment, and it is difficult to reduce the amount

1. Articles 70 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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