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(영문) 대전지방법원 2015.04.07 2014고단2846
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 29, 2013, the Defendant stated that “A victim C shall be paid the fee of attorney-at-law from D, a partner of E, who borrowed money from D, shall be paid to D, and if he/she borrowed KRW 13 million, he/she shall be paid the next day.”

However, the fact that the defendant did not run the golf course construction business, and there was no income, and since the financial situation such as borrowing food entertainment expenses from D was not good, there was no intention or ability to complete payment even if he borrowed money from the above victim.

The Defendant, by deceiving the victim as above, received KRW 13 million from the victim to the Nong Bank account (Account NumberF) in the above E on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each legal statement of witness G and H in part;

1. A protocol concerning suspect examination of D;

1. Statement of each police statement related to C and G;

1. Application of Acts and subordinate statutes on response to an order for submission;

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

1. Selection of selective fine for punishment (the fact that the punishment is relatively minor and that there exists an agreement with the victim, etc.);

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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