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(영문) 춘천지방법원 원주지원 2019.02.08 2018고정116
사기
Text

Defendant shall be punished by a fine of eight hundred thousand won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

Around September 2015, the Defendant concluded that “A’s attorney-at-law fee of five million won is required, if the Defendant borrowed five million won in money, he/she shall receive a loan certificate from C, and he/she shall make a payment without molding the money.”

However, the defendant was thought to use the money that he received from the victim for personal living expenses of the defendant, not for the attorney-at-law fee of C, and even if he borrowed five million won from the victim due to no particular income at the time, he did not have the intention or ability to pay

Nevertheless, the defendant was given five million won in cash from the victim's seat.

Summary of Evidence

1. Legal statement of the witness B;

1. Each protocol of examination of prosecution and police officers concerning C;

1. The police statement concerning B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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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