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(영문) 서울동부지방법원 2018.06.15 2018고정117
사기
Text

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

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

Reasons

Punishment of the crime

On January 1, 2017, the defendant will join the victim E-house located in Gwangjin-gu Seoul Special Metropolitan City around January 1, 2017 with the victim's "two old accounts."

A false statement was made to the effect that a person would pay money in the manner of paying an installment for 20 months each month after he/she first borrowed 20 million won under the pretext of a deposit.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to pay the money in installments.

As such, the Defendant, by deceiving the victim, received KRW 13 million from the victim, and acquired it by fraud, and received the amount of money equivalent to KRW 7 million against the victim by offsetting the existing debt equivalent to KRW 7 million against the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the passbook of the KB National Bank, a certificate of deposit by the KB National Bank, a certificate of deposit by the KB Bank, or a loan certificate;

1. Application of Acts and subordinate statutes of police statement protocol to E;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act with the victim and the victim have reached a civil or criminal agreement, and expressed the victim's intent not to want the punishment, the defendant has no record of the same crime, and all other factors of sentencing, including the age and health conditions of the defendant;

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