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(영문) 창원지방법원 통영지원 2019.08.12 2019고정143
사기
Text

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

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

Reasons

Punishment of the crime

It recognizes the changed criminal facts to the extent that it is recognized as identical to the facts charged and it is not likely that the defendant's exercise of his/her right to defense

Around August 25, 2018, the Defendant, along with B, issued a false statement to the victim D, stating that “The Defendant’s room shall be given to the Plaintiff, who is a student, and if he/she borrowed KRW 15 million, he/she will complete payment up to October 24, 2018.”

However, in fact, since the Defendant had been able to use the borrowed money by dividing it with B from the beginning, he had no intention to seek the protection of the undergraduate children with the borrowed money, and did not have the intent to repay the borrowed money and had no capacity to do so.

The Defendant, by deceiving the victim as above, received 14.55 million won from the victim to the account of community credit cooperatives (E) in the name of the Defendant on the same day under the pretext of borrowing money from the victim.

(F) The summary of the evidence was divided into B, B, 7.5 million won, and the defendant 7.5 million won, respectively.

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the statutes on details of transactions of accounts of suspect A community credit cooperatives;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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