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(영문) 수원지방법원 성남지원 2016.09.21 2016고정872
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Since there was no certain occupation and income, the defendant did not have any intention or ability to repay money with others even though he borrowed money from others.

A. A. On May 13, 2014, the Defendant: (a) at the point of the GunGun branch of the Korean bank located in Gwangjin-gu Seoul Special Metropolitan City, the Defendant borrowed KRW 1 million from the victim B, “The Defendant operates a danran bar; (b) the amount was inside, and only one million won is borrowed. On that hand, the Defendant would have repaid one week thereafter.

“The purpose of “ was to make a false statement.”

The Defendant, as such, by deceiving the victim, received KRW 1 million from the damaged party as the borrowed money in the same place.

B. Around November 16, 2014, the Defendant paid a fine of KRW 3.8 million by phone to the said victim at a detention house located in Seoul around November 16, 2014.

A false statement was made to the effect that a fine shall be paid at least 3.8 million won after the second week of the payment of the fine.

The Defendant, as such, by deceiving the victim, received 3.5 million won via two times from the victim’s new account under the name of the Office of Public Prosecutor (Office of Public Prosecutor).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A trading statement;

1. Application of statutes on the screen of text messages;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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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