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(영문) 대전지방법원 2019.01.25 2018고정891
절도등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. From February 2016 to April 26, 2017, the Defendant cut off 40,000 won in cash and 590,000 won in total over 14 times, as indicated in the attached list of crimes, at “C cafeteria,” which is located in Geumsan-gun, Chungcheongnam-gun. The Defendant: (a) removed 40,000 won in cash and stolen 40,000 won in cash, which was in possession of the victim D’s bank; and (b) removed 590,000 won in cash from around 22, 2016, as indicated in the attached list of crimes, from around 14 to April 26, 2017.

2. Fraud;

A. On October 17, 2016, the Defendant: (a) in front of the “G” in the Geumsan-gun, Chungcheongnam-gun; (b) at the time, the Defendant did not have any particular property; and (c) at the time, the Defendant was under circumstances up to KRW 18 million; (b) thus, even if the Defendant did not have any intent or ability to fully repay the loan from the said victim, the Defendant is obliged to repay the said victim’s debt even though he did not have any intent or ability to fully repay the loan; (c) by means of a false statement to the effect that the Defendant would have repaid the said victim’s debt at a monthly level within the west and several days; and (d) by means of a lending of the money deposited in G, the Defendant received five million won (five million won in the form of a check) from the victim as a loan.

B. On November 1, 2016, the Defendant was in front of the E Association located in Geumsan-gun, Chungcheongnamsan-gun, Chungcheongnam-do, and at the time of fact, Article 2-A of the said Act.

Because of the circumstances such as the statement in this paragraph, it was false to the effect that the above victim did not have the intent or ability to repay the money properly even if he borrowed the money from the above victim, and that the above victim shall be paid the money immediately if he/she borrowed the money, and that he/she shall receive 4.1 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. Legal statement of witness D;

1. The statement of the police against D, the part of the prosecutor's protocol of interrogation of the defendant against D and the defendant respectively.

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