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(영문) 의정부지방법원 2019.09.19 2019고단1848
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 29, 2016, the Defendant stated that the Defendant could pay high interest on the loan of money to B.

B The victim E at the D parking lot located in Guri-si, Guri-si, Dongri-si, stating that “I will pay a high interest of 10,000 won in cash, if you lend 10,000 won to the victim,” and received KRW 9,000,000 after subtracting interest from the victim from the victim to the F account, and delivered to the defendant.

In addition, the defendant transferred 4.5 million won to the above F account to the victim with B at the same place after two hours.

However, the facts are that the defendant only has the obligation without any special reason and the defendant left the vehicle in the name of another person, which has no value as security.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 13.5 million.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including statements B and E);

1. Application of Acts and subordinate statutes to a certificate of borrowing, details of transfer, vehicle photographs, statement of deposit and withdrawal, details of transfer, and certificate of details;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the Defendant had been punished once a suspended sentence and twice a fine due to the same kind of crime; and (b) the fact that the Defendant has not recovered from damage or has not agreed with the victim is disadvantageous to the Defendant.

However, the fact that the defendant recognizes and reflects the crime of this case, the actual acquired profit seems to be less than the amount of damage in the judgment, and the fact that the victim paid 2.5 million won as interest to the victim, etc., and other favorable circumstances, character, character and behavior of the defendant.

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