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(영문) 춘천지방법원 속초지원 2013.12.18 2013고단512
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to a suspended sentence of two years on August 3, 2013 in the Chuncheon District Court's territorial branch for the violation of the Road Traffic Act, etc., and the judgment became final and conclusive on October 3, 2013.

On June 17, 2012, the Defendant made a false statement to the victim D, stating that “The Defendant will use money as business funds and pay it six months after lending money.”

However, in fact, the Defendant had to repay the credit value of the material price to be paid in the construction of new E fishery products sales stores at the time, and even if he has completed the construction work and has received the payment, it was not sufficient to cover the credit amount and personnel expenses, etc., and there was no property or other income, so even if he borrowed money from the victim, he did not have the intention or ability to repay it.

In this respect, the defendant deceivings the victim as such and obtained 5 million won from the victim, namely, the money borrowed from the seat, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The loan certificate;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment of latter concurrent judgments of suspects), and application of one copy of judgment to statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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