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(영문) 창원지방법원 마산지원 2017.09.15 2017고정342
사기
Text

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

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

Reasons

Punishment of the crime

On October 6, 2014, the Defendant made a false statement to the victim D’s office at the Defendant’s office located in Yongsan-gu, Changwon-si, Changwon-si, that “The Defendant would lend KRW 5 million of the election fund to the head of the cooperative, while making an election for the head of the cooperative, and would repay the money after two months from the head of the cooperative.”

However, in fact, the Defendant was thought at the time of lending money from the damaged party to use it as a personal living cost, and the monthly wage was already paid and used by the president of the union, and there was no intention or ability to repay the money within the agreed period even if he did not borrow money from the damaged party due to the lack of property under the name of the Defendant.

Around October 7, 2014, the Defendant deceivings the victim as above and was transferred KRW 5 million to the Saemaul Treasury account in the name of the Defendant from the victim as the borrowed money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of the Acts and subordinate statutes to the complaint;

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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