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(영문) 의정부지방법원 2017.12.21 2017고정2397
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

[Criminal history] The Defendant was sentenced to eight months of imprisonment with labor for a violation of the Act on the Punishment, etc. of Arrangement, etc. of Commercial Sex Acts at the District Court on June 26, 2017, and the judgment became final and conclusive on July 4, 2017.

[2] The defendant is guilty of facts constituting a crime that the defendant was aware of as the husband of C, who is the husband of B (n, 48 years of age) who is the complainant, through her husband.

On August 15, 2016, the Defendant used 5 million won to the complainant on the loan of 5 million won and immediately repaid at the date of repayment.

“A false statement to the effect that “” was made and a certificate of borrowing was drawn up and issued to the complainant.

However, in fact, the defendant borrowed money to the complainant and used it to repay other debts, and the loan certificate was prepared to have the complainant believe it, and there was no intention or ability to repay it from the beginning.

The defendant received 5 million won in cash immediately from the complainant and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. The loan certificate;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A);

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is against the defendant at the time of committing the instant crime, the victim is not willing to be punished against the defendant by paying the victim the amount of damage, and the injured party is not willing to do so by agreement, and the punishment is determined as ordered by taking comprehensive account of equity with the case where the judgment on the record of the crime in the judgment becomes final and conclusive, and other defendant's age, sex behavior, environment, criminal records, etc.

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