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(영문) 대전지방법원 천안지원 2013.12.19 2013고정963
사기
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 16, 2011, the Defendant was employed by B (Nam, 38 years of age) as an employee from “D” in the Busan Seo-gu C market, Busan, U.S. and performed delivery work.

1. On March 31, 2011, the Defendant made a false statement to the effect that “Around March 31, 2011, she was forced to make a phone call to the complainants, and that “Aus was immediately required to reach an agreement as an assault case.”

However, the facts did not have the intention or ability to repay even if they borrowed money from the complainant.

As such, the Defendant, who deceivings the complainant, was transferred 1.7 million won to the Agricultural Cooperative Account in the name of the Defendant (the No. 3: E) under the pretext of agreement by the complainant on the day.

2. Around October 5, 2011, the Defendant made a false statement to the effect that “I would immediately repay the land as sold if I lent money to the complainant,” by phoneing the complainant at the accommodation of the above D second floor.”

However, the facts did not have the intention or ability to repay even if they borrowed money from the complainant.

The Defendant, by deceiving the complainant, was transferred one million won on the day from the complainant to the said Agricultural Cooperative Account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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