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(영문) 수원지방법원 2016.03.24 2015고정3156
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 March 30, 2012, the Defendant at the Sung-si B and 403 C Maz., and at the shop, the Defendant would pay the victim D with the interest of 20% of the loan of money, and there is no concern about the benefit of the Bank by operating the shop in the above Maz.

“A false statement,” which received KRW 3 million from the victim.

However, at the time, the Defendant was causing about KRW 3 billion to the neighboring party, and even if the Defendant borrowed KRW 3 million from the damaged party, the Defendant did not have any intent or ability to repay it.

Accordingly, the defendant deceivings the victim and obtained the delivery of 3 million won.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement made by the police against D;

1. Application of statutes on details of transfer of amounts of damage;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Sentencing sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order for provisional payment, by reducing the amount of fine determined by the summary order in consideration of the fact that the defendant pays 1.5 million won, which is a part of the amount damaged to the victim and the victim does not want the punishment any longer, etc., the punishment shall be determined as shown in the order

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