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(영문) 의정부지방법원 고양지원 2015.11.13 2015고정1046
사기
Text

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

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

Reasons

Punishment of the crime

1. The Defendant, from November 2007 to October 2008, received KRW 4 million from the victim who believed that he/she was able to receive money, and that he/she obtained money from the victim who was a cargo manager of the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-

2. On December 23, 2009, the Defendant, despite having no intent or ability to repay money from the above victim even if he/she borrowed money from the above victim, the Defendant made a false statement to the victim, stating, “If he/she borrowed money from the above victim in excess of KRW 2 million, he/she will pay the amount with KRW 4 million prior to the establishment of the right to collateral security on the cargo vehicle (E) in which he/she borrowed money from the victim, and obtained a delivery of KRW 2 million from the victim who believed that it is true.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on voluntary trading of vehicle numbers, and investigation reports (F telephone conversations for reference);

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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

1. Articles 70 (1) 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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