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(영문) 춘천지방법원 강릉지원 2017.10.18 2017고정230
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On August 20, 2016, the Defendant, at the home of the victim C, who was in operation No. 108 on March 20, 2016, provided that “The Defendant shall pay money to his/her husband and wife” to the victim, “I wish to forward money to his/her husband and wife, and one million won shall be lent.”

“The phrase “ was false.”

However, at the time of fact, the defendant did not have any intent or ability to repay the amount normally even if he/she actually borrows money from the injured party due to his/her own failure to perform his/her personal obligation more than KRW 30 million without any property or income under his/her name.

Nevertheless, the Defendant: (a) by deceiving the victim as above and received delivery of KRW 1,00,000 from the victim on the same day; and (b) from September 10, 2016, the Defendant received the delivery of KRW 2,000,000 from the victim on three occasions by the same method as indicated in the list of crimes in the attached Table; and (c) acquired the pecuniary benefits equivalent to KRW 664,620 from the victim on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a copy of a loan certificate and a copy of written confirmation;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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