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(영문) 수원지방법원 안산지원 2016.05.26 2016고정92
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 August 25, 2011, the Defendant stated to the effect that “Around August 25, 2011, the Defendant would return to the Defendant from December 30, 2011, on the part of the victim D, the Defendant: “Around December 30, 2011, the Defendant borrowed KRW 5 million as he/she is urgently required to purchase scrap iron in operating the property business.”

However, even if the defendant borrowed the above money from the injured party, the defendant thought that he borrowed money from the Highsaw room, and there was no intention to do so as a business fund, and there was no intention to repay it and no ability to repay it.

The defendant obtained a total of 5 million won from the injured party on three occasions around that time and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to the statement of loan certificate;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. It is so decided as per Disposition on the grounds of not less than the main sentence of Article 186(1) of the Criminal Procedure Act, which bears the costs of lawsuit;

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