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(영문) 춘천지방법원 2021.01.12 2020고단1112
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

Since the defendant is led to confession, he/she must make an additional statement on the same part as that of the evidence for reinforcement in the same way as “(see, e.g., the page of evidence record).”

Based on evidence, the prosecutor's facts charged are modified to the extent that it does not adversely affect the defendant's right of defense and actually affect the contents of the facts charged, and it does not result in the change of the subject of the trial by the court.

On August 2019, the Defendant is entitled to pay the victim D with money at the “C” restaurant located in Chuncheon-si B, Chuncheon-si on August 2019, including interest, if he/she lends money to the victim D with the ability to fully repay the money.

“False speech” (see, e.g., 18, 88, 120 of the evidence record). However, the Defendant was planning to lend the borrowed money from the injured party to another person without being used by the Defendant himself/herself (see, e.g., 35, 49 of the evidence record). However, even if the Defendant borrowed money from the injured party, it did not have the intent or ability to pay it properly.

Nevertheless, on August 5, 2019, the Defendant: (a) by deceiving the victim and deceiving the victim; (b) obtained the remittance of KRW 5,000,000 as the borrowed money from the E partnership account (F) in the name of the Defendant on August 5, 2019; and (c) obtained a total of KRW 30,000,000 from the damaged person on a total of four occasions as indicated below.

No. 6,10,00,00 of the deposit account for the purpose of using the borrowed deposit account on August 5, 2019, refer to the 6,10,000,000 of the E Union F Evidence No. 5,000,000, and refer to September 7, 2019, 12, 25th of the F Evidence No. 12, 35,000 of the I Union EF evidence No. 3 in the above D’s name, referring to the above AF evidence No. 71,11,70,000,000 of the borrowed loan No. 12, 200,000, hereinafter referred to as the “FF evidence No. 71,10,000,000, hereinafter referred to as the “FF evidence No. 1, 200,000,000, hereinafter referred to as the “No. 10,194

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