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(영문) 수원지방법원 평택지원 2017.09.07 2017고정265
사기
Text

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

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

Reasons

Punishment of the crime

On December 23, 2015, the Defendant made a false statement to the victim B, who is a worker, at the Ansan Home Plus Logistics Center located in the valley of Ansan-si, to the effect that “I would immediately repay 350,000 won if I would lend his her son's son's son's son's son's son's son's son.

However, in fact, the Defendant thought to use the borrowed money for living expenses, and the Defendant’s wife did not have contracted the Amarroid, and the Defendant did not have any intent or ability to repay the borrowed money even if borrowed money from the damaged party because he was in a bad credit position over his obligation at the time.

As such, the Defendant, by deceiving the victim, received KRW 3.50,000 from the victim to the account in the name of C (enterprise bank D) designated by the Defendant on the same day from the victim, and received KRW 7,020,000 from that time to February 16, 2016 by deceiving the victim at least eight times in total, as shown in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to details of transactions of complainants, copies of loan certificates, and bankbooks;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

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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