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(영문) 대구지방법원 2014.09.17 2014고정723
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Although the Defendant had no intent or ability to repay money from the victim B even if he/she borrowed money from the victim B, on July 3, 2012, the Defendant: (a) at the D hotel located in the Gumi-si, the Defendant: (b) on July 3, 2012, he/she was deprived of his/her vehicle to the victim B; and (c) he/she went to the effect that it is known to the company because he/she was in the state of drinking and non-licenseing; (d) on August 9, 2012, if he/she loaned the agreed amount of KRW 9 million, he/she would pay the agreed amount of KRW 40 million; and (b) on July 20, 2012, he/she received 6 million in the name of the loan; and (b) on July 20, 2012, he/she acquired 8 million won in total, such as receiving the victim’s money to replace the vehicle.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Protocol of the police statement concerning B;

1. Application of the Acts and subordinate statutes to loan certificates, copies of passbooks, text messages printed out, and investigation report (suspects’ words and actions against suspect statements);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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