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(영문) 의정부지방법원 2018.06.20 2018고정196
사기
Text

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

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

Reasons

Punishment of the crime

On February 14, 2018, the Defendant was sentenced to imprisonment for a period of eight months at the District Court for fraud, and the judgment became final and conclusive on February 22, 2018.

On November 15, 2015, the Defendant needs to pay money individually to the victim C in the vicinity of the sexual scarcity 2, 34 Dao-ro, Seongbuk-gu, Seoul, Seongbuk-gu.

It shall be repaid with a loan of 2 million won.

Inasmuch as “a person makes a false statement.”

However, in fact, the Defendant had a debt exceeding KRW 20 million at the time, and the Defendant’s management company did not have any intent or ability to repay the debt even if the Defendant borrowed money from the damaged party due to the lack of financial conditions.

Around November 17, 2015, the Defendant had been issued KRW 2 million under the name of the Defendant through a corporate bank account (Account Number: D) in the name of the Defendant from the victim by deceiving the victim as above and deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A loan certificate or deposit account;

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

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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