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(영문) 대전지방법원 천안지원 2018.04.20 2017고단2607
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 25, 2013, the Defendant made a false statement to the effect that “I would pay the principal and interest thereof if I would like to lend money to F and G in order to obtain a loan, as I would have to pay a premium to F and G in cash, in a D funeral hall located in Asan-si C. In order to obtain a loan, I would like to obtain a loan due to a lack of funds to purchase it.”

However, even if the Defendant received money from the injured party, he thought that it would be used as a business fund for the sales of the salted fish by the Defendant, but did not have a plan to purchase the camping site. The Defendant did not have any specific property in bad credit and did not have any intent or ability to pay the money properly even if he borrowed money from the injured party in a state where he did not have any specific

Nevertheless, the Defendant, as seen above, received KRW 32.6 million from the above date to April 20, 2013, from the victim, to the post office account in the name of the Defendant, and acquired it by deception, as well as from the above date to the date of the crime list, the Defendant received KRW 32.6 million from the above date to the date of the crime list.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the defendant in the protocol concerning the examination of the suspect against the defendant;

1. Statement of E in the protocol of interrogation of the suspect against the accused by the prosecution;

1. A copy of bankbook;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by witnesses H);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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 Defendant, having reasons for sentencing under Article 334(1) of the Criminal Procedure Act, was sentenced to three years of imprisonment for the same crime as this case, and was subsequently sentenced to a repeated crime on August 1, 2010.

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