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(영문) 대구지방법원 포항지원 2017.07.05 2016고정537
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

On October 5, 2012, the Defendant stated that “The victim D referred to as “the victim D shall be 2.5 million won in the future C tea in the C tea.”

However, the fact did not have any intention or ability to perform money or pay money even after borrowing the money in the name of the borrowed money.

Accordingly, the Defendant received 2,50,000 won from the injured party to the personal compromise account under the name of the Defendant.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of the statutes governing a copy of a loan certificate;

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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