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(영문) 수원지방법원 안양지원 2019.10.10 2019고정436
사기
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B are the relationship that they become aware of in the workplace rent around 1991.

On May 17, 2009, the defendant held that "the defendant would pay money to the new tenant in return for the first two weeks after the issuance of the bond after the issuance of the bond to the new tenant."

However, even if the defendant borrowed money, he did not have the intention or ability to repay it.

On May 18, 2009, the Defendant received 5 million won from the victim to the deposit account in the name of C, the husband of the Defendant, and took profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Investigation report (Submission of evidentiary data by a complainant) and application of Acts and subordinate statutes to investigation report ( telephone communications with a complainant);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order provided for in Article 334(1) that the defendant repaid the victim a total of KRW 2.5 million to the victim, and the victim wanted to have the Defendant’s wife, and other circumstances such as the defendant’s age, character and conduct, family relation, environment, motive and circumstances of the crime, means and consequence, etc. shall be determined in consideration of

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