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(영문) 인천지방법원 2018.10.05 2018고정1732
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 10:00 on October 23, 2017, the Defendant made a false statement to the victim D in the residence of the Defendant of the Bupyeong-gu Incheon Bupyeong-gu building C, Bupyeong-gu, Incheon, stating that “The Defendant would prepare and bring up a main transaction passbook and identification card, cell phone, and security card to be employed.”

However, the fact did not have the intention or ability to employ the injured party, and it was thought that it was used to pay the individual debt with the loan under the name of the injured party.

The Defendant, as such, by deceiving the victim, received an identification card and passbook from the victim, and using it, borrowed 10 million won in total in the name of the victim in the Dispute Resolution E and the Dispute ResolutionF on October 24, 2017, and borrowed 10 million won in the name of the victim, respectively. On the ground that the victim should return the money deposited by the team leader to the victim, the Defendant received the aforementioned loan from the victim by remittance or deposit.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Application of the statutes on a copy of loan application;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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