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(영문) 대전지방법원 서산지원 2018.04.06 2017고단823
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

On August 2016, the Defendant borrowed KRW 10 million as the operating capital of the Defendant’s Dokdong in Jin-si, the Defendant would receive guidance money from the victim E at the end of December 2016, 2016.

The phrase “ makes a false statement.”

However, in fact, the Defendant promised to pay KRW 30 million,00,000,000,000,000,000,000 received at the end of December 2, 2016 through the Gyeyang F around February 2, 2016, and the Defendant had no intent or ability to pay, even if he/she borrowed money from the injured party, because he/she had personal liability equivalent to KRW 70,000,00,00 without any particular property at the time, and the Defendant was living in the form of a “recovering the repayment of the borrowed money with the borrowed money from the other party.”

On September 6, 2016, the Defendant: (a) by deceiving the victim; (b) obtained from the victim, a copy of the KRW 10 million check from the victim for the borrowed money from the “H multilateral bank” located in G at J at J at J at J at J as of September 6, 2016; and (c) acquired it by deception.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts, Article 347 (1) of the Criminal Act of the choice of punishment, and the selection of fines (such as the absence of previous convictions for the same offense, and the agreement after full repayment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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