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(영문) 인천지방법원 2013.11.04 2013고정3306
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

around 18:00 on July 20, 2008, the Defendant made a false statement to the effect that the “Djuk store” in the “Djuk store” of the victim C (52) operation in Namdong-gu Incheon Metropolitan City (52) was “C President and the Plaintiff lent only KRW 1 million.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim for the same day as the borrowed money, and received KRW 1,765,000 from around that day to July 12, 2010 as shown in the annexed crime list, and received a total of KRW 1,765,00 from around 14 times as the borrowed money.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement of C;

1. Application of Acts and subordinate statutes on account transactions (A's ASEAN);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 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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