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(영문) 창원지방법원 2017.07.19 2017고정463
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who has worked as an engineer for the maintenance plant operated by the victim B.

A. The Defendant, at around 10:00 as of October 2014, 201, lent KRW 2 million to the D office that is operated by the injured party C of Changwon-si at around the end of 10:00,000, in order to require his/her living expenses, etc., and provided a full payment.

A false statement was made.

However, the Defendant did not have the ability to pay the cost of living and the installment of towing vehicles with monthly income. However, the Defendant did not have the ability to pay the actual loan to the bucks.

Nevertheless, the Defendant received KRW 2 million from the injured party who believed this to be true.

B. The Defendant, at around 10:00 on November 18, 2015, lent KRW 300,000,000 to the FF Motor Vehicle Maintenance Office operated by the injured party E at the window of Changwon-si, to obtain a divorce from his wife, and to pay the consolation money in advance with the borrowed money, while lending KRW 3,00,000,000,000 per month.

A false statement was made.

The Defendant received KRW 3 million from the injured party who believed this to be true.

As above, the defendant deceivings the victim and received a total of 5 million won over two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the loan certificate (A);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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