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(영문) 대전지방법원 2018.04.27 2017고정500
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

The Defendant, in Seo-gu, Seo-gu, Daejeon: (a) Mari enterprise called “D”, carried out with E.

Around July 2013, the Defendant made a false statement to the effect that “The Defendant would pay the Victim F (or the age of 39) KRW 2 months after lending the test money to offer the Victim F as security under the name of the mother E in the same business.”

However, even if the defendant borrowed money from the injured party, the defendant did not have the intent or ability to repay it, and the above car was a vehicle without value as a security.

Nevertheless, the Defendant, by deceiving the victim and allowing the victim to deliver money to her husband G, and acquired the money by receiving KRW 9.6 million in cash from the coffee shop with no knowledge of the trade name in the Jung-gu Daejeon on July 18, 2013.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Legal statement of witness E;

1. Entry of the witness F in the fifth public trial record, entry of a part of the witness H in the protocol, and entry of the witness G in the sixth public trial record;

1. The receipt photograph of the borrowed amount (the witness F, G, and E’s statement is not in a consistent, specific, and different circumstances to be published, and credibility is recognized in light of the attitude of the statement in this Court.

F, G, and E made a statement that the Defendant borrowed money, and H also made direct contact with the victim to the effect that the Defendant was the Defendant (record No. 6 pages), and the Defendant directly received the money (Evidence No. 14 pages). Although the Defendant asserts that he borrowed money, according to the aforementioned circumstances, the Defendant may sufficiently recognize that he/she borrowed money by deceiving the victim, according to the aforementioned circumstances, he/she borrowed money). The application of the relevant statutes is governed by the law.

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 of the Criminal Act to attract a workhouse.

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