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(영문) 전주지방법원 2017.02.03 2016고단1894
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

1. On September 1, 2010, the Defendant stated that “The Defendant would lend money to the victim by June 20, 201, if he/she lends money to the victim,” at the E office operated by the victim D in Full-gu, Busan Metropolitan City.”

However, there was no intention or ability to repay the money even if the money was borrowed from the damaged party due to the absence of a certain amount of income.

The defendant deceivings the victim as above and received 7 million won in cash from the victim, namely, from the victim.

2. On September 18, 2010, the Defendant stated that “Around November 18, 2010, the Defendant borrowed only KRW 4 million, which shall be repaid to the victim by November 18, 2010,” with the victim’s foregoing E office operated by the victim D, and provided that “A repayment shall be made even if the Defendant would receive the time-to-paid money if the change is not made.”

However, in fact, there was no intention or ability to pay money to the injured party even though he did not receive money from the injured party as well as property, and there was no intention to pay money.

The defendant deceivings the victim as above and received 4 million won in cash from the victim, namely, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Complaint;

1. Each letter of September 18, 2010, and each letter of June 25, 2014;

1. A real estate lease agreement;

1. A process certificate and each certificate of seal imprint;

1. Court rulings;

1. Application of Acts and subordinate statutes to report on investigation (Submission of reference materials by complainants, attachment of suspect's same military records, attachment of F seal imprint certificates, etc.);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (the point of fraud and the selection of fines);

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Defendant ..

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