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(영문) 춘천지방법원 강릉지원 2018.07.20 2017고단970
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 May 20, 2017, the Defendant sent a telephone to the victim D on May 20, 2017 from 302 to 30 million won from her birth after 3 days.

On the other hand, the repayment will be made without putting up the money three days after the loan.

“A false statement” was made.

However, there was no fact that the defendant was to receive 30 million won from the birth after 3 days, and there was no intention or ability to pay the money even if he borrowed money from the victims due to no particular property or income.

Nevertheless, the Defendant, by deceiving the victim as above, received the remittance of KRW 4,650,00 from the victim of the same day to the post office account (E) in the name of the Defendant, and KRW 8,550,000,000,000 from around 21th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to report on investigation (Submission of suspect A account transaction details);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Taking into account the fact that there is no record of the same kind of crime for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the detention of a workhouse and the fact that there is an agreement with the victim.

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