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(영문) 서울북부지방법원 2017.12.21 2017고정1725
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal records] On September 7, 2017, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Northern District Court, and the above judgment became final and conclusive on November 11, 2017.

[Criminal facts] The defendant is a person without a certain occupation

1) On October 02, 2013, the Defendant issued a false statement to the effect that “The amount of five million won per criminal agreement is short, and five million won will be repaid by the end of October 2013, if he/she lent it to the victim B,” by phoneing the victim B.

However, the facts did not have the intention or ability to repay money even if they borrowed money from the injured party.

The Defendant, as such, by deceiving the victim, received KRW 3 million from the victim to the Agricultural Cooperative head (Non-Account) designated by the Defendant in the name of Kim crime-related.

2) On January 2, 2014, the Defendant made a false statement by phone call to the victim B, stating that “If the Defendant loans KRW 200,000,000 to the hospital expenses, it would have to be repaid by January 10, 2013.”

However, even if we borrow money, there was no intention or ability to repay it.

As such, the Defendant, by deceiving the victim, was given KRW 20,00 to the post office account (C) in the name of the Defendant from the victim.

Accordingly, the Defendant received a total of KRW 3,200,000 from the victim twice.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Complaint;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a defendant's legal statement and criminal history;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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