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(영문) 춘천지방법원 영월지원 2017.04.21 2016고단571
사기등
Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On May 17, 2016, the Defendant “2016 Highest 571”) borrowed money to the victim B at a non-permanent place, and said, “The Defendant would receive a periodical installment payment from the victim B after two months from the payment.”

However, the Defendant did not have promised to repay the money borrowed from the damaged party, and there was no fact that the Defendant demanded to repay the money borrowed from the damaged party. The Defendant did not have any special revenue or property at the time, and there was no intention or ability to repay the money even if borrowed from the damaged party.

Ultimately, the Defendant, as such, by deceiving the victim and receiving KRW 5 million from the injured party to the NongHyup Bank account under the name of the Defendant on the day, and acquired a total of KRW 31,50,000 through five times from the above day to August 18, 2016, such as the statement in the crime inundation list.

On January 26, 2017, the Defendant: (a) stated that the victim F (17 years of age) who had smoked on the top of E located in Gangnam-gun, Gangwon-gu, Gangnam-gu, Seoul Special Metropolitan City (2017 high group 115) would not smoke. However, the Defendant: (b) stated that the victim would have neglected his/her speech; (c) stated that the victim would be able to fright the victim’s face; and (d) assaulted twice the victim’s buck with his/her hand.

Summary of Evidence

"2016 Highest 571"

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Investigation report (Investigation of suspect's fraud, fraud, and confirmation of employment insurance).

1. The filing of a complaint and accompanying documents "2017 high group 115";

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment for the crime;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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