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(영문) 인천지방법원 부천지원 2014.07.25 2014고단948
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

After becoming aware of the victim C at the end of 2003, the Defendant borrowed 30 million won over several occasions from the victim, but did not repay it, the Defendant concluded that he/she would make a false payment from the “E Council members” located in Da Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, to the Plaintiff at one time before he/she borrowed her hospital fees from the victim.

However, in fact, the Defendant did not have any other property in excess of KRW 6-70 million at the market price, and there was a loan equivalent to KRW 20 million as security, and as such, there was a debt from the victim to KRW 50 million in addition to KRW 30 million borrowed from the victim, so even if he borrowed money from the victim, the Defendant did not have any intention or ability to repay the loan.

As such, the Defendant, by deceiving the victim from the victim, was delivered KRW 131,300 in cash from the victim to the same purport in the “G” located in Busan-si, Seocheon-gu, Busan-si, and KRW 330,00 in cash from the victim, and KRW 1,061,30 in total of merchandise coupons worth KRW 600,00 in KRW 1,061,30 in value to the same purport at the home flusing store located in Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including the C statement);

1. Statement to C by the police;

1. Inquiries about the petition of complaint, recording and stenographic records, and records of the use of membership cards;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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