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(영문) 서울서부지방법원 2017.02.10 2016고정1432
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates "D" for a middle and high-class sales store of building C 103 in Yeongdeungpo-gu Seoul Metropolitan Government, and around April 12, 2016, the Defendant was hospitalized in the emergency room for the victim G who is a high school ward within "F real estate of the 1st E-1st floor in Yongsan-gu Seoul Metropolitan Government."

It is said that a person will pay money within one month from the lending of money.

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

The defendant deceivings the victim as above and received 4 million won from the victim to the post office account under the H's name from the victim, and acquired it by fraud.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes on account transactions;

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

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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