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(영문) 대전지방법원 홍성지원 2019.04.30 2018고정114
사기
Text

Defendant shall be punished by a fine not exceeding five hundred thousand won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 7, 2017, the Defendant stated that “I will pay back immediately after the end of the year’s paid leave” by telephone to the victim B, “I am fright to drink the internal alcohol, and are now at the police station. A criminal agreement is required, and KRW 400,000 is borrowed as I am fright to do so.”

However, in fact, the defendant was planned to use the money borrowed from the victim for other purposes, such as medical expenses, not criminal agreement, and there was no intention or ability to pay the above money to the victim because of economic difficulties.

The Defendant, by deceiving the victim as above, received 400,000 won from the victim’s CUnion account under the name of the Defendant on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Details of transfer;

1. Application of Acts and subordinate statutes on dialogue details;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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