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(영문) 광주지방법원 2019.11.28 2019고정190
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 29, 2017, the Defendant stated, “Around 2017, the Defendant borrowed money to the victim D (the age of 90) in Gwangju Dong-gu, Gwangju, and C, that “Around March 27, 2018 if he/she borrowed money and borrowed KRW 2 million in the name of North-gu E apartment because he/she had been notarized.”

However, the defendant did not work as a basic livelihood recipient and did not have an intent or ability to pay the amount normally even if he borrowed money from the victim in excess of his obligation.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 2 million from the victim immediately in the same place.

Summary of Evidence

1. Statement made to D by the police;

1. Response to a request for cooperation in investigation;

1. Application of Acts and subordinate statutes on notarial deeds;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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