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(영문) 대구지방법원 서부지원 2020.05.12 2019고정142
사기
Text

1. The defendant shall be punished by a fine of five million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. Around June 11, 2017, the Defendant: (a) found in the door-to-door distribution office located in Haban-gun B; and (b) stated that “D will lend 5 million won to the victim C; and (c) the number of punishment would have taken 15 days to close this place in operating a gallon to E; (d) upon closure of business, the Defendant would receive a gallon’s deposit.”

However, since the defendant received money from the victim and had no intention to use the defendant's personal debt repayment, etc., and there was no intention to do so, even if he borrowed money from the victim, there was no intention or ability to repay the money.

On June 12, 2017, the Defendant, by deceiving the victim as above, received 5 million won from the victim to the Saemaul Treasury account in the name of the Defendant, and acquired 5 million won.

2. On January 15, 2018, the Defendant: “Around January 15, 2018, the Defendant borrowed the son’s son’s son’s and son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

However, the defendant did not have the intent or ability to repay even if he borrowed the money from the victim, because he received money from the victim and used it for the repayment of personal debts.

On January 15, 2018, the Defendant, by deceiving the victim as above, received 4.37 million won from the victims to the Saemaul Treasury account in the name of the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement of the accused in the fourth protocol of trial;

2. Application of the police protocol protocol law to C

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

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

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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