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(영문) 대전지방법원 2016.03.29 2015고단1400
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

When the Defendant received community service orders from the Daejeon District Court, and had a physically disabled person association affiliated with the Daejeon Seo-gu Seoul Metropolitan City Council of Persons with Disabilities engage in volunteer activities, the Defendant was willing to receive money from the disabled person or the family members of the disabled person in the area where he/she was committed as if he/she were an employee of the said Association or volunteer.

1. On August 20, 2014, the Defendant: (a) at the branch office of the Association of Disabled Persons with Disabilities, the victim C, who is a disabled person of Grade III, was detained by the police due to a traffic accident involving drinking.

It is necessary to lend money that requires an urgent agreement to repay by September 2, 2014.

If he/she fails to pay money, he/she shall be held liable for civil and criminal liability.

“To draw up a loan certificate while making a false statement.”

However, the defendant did not have any traffic accident, and the defendant did not have any intent or ability to complete payment even if he borrowed money from the injured party due to the absence of any particular property.

Nevertheless, the defendant deceivings the victim as such and acquired 2 million won by receiving 2,00,000 won from the victim as the borrowed money on the same day.

2. On August 22, 2014, the Defendant approach D’s mother victim E, who is a disabled person of class 2 with a physical disability at the same place as the foregoing paragraph (1) around August 22, 2014, and “it is necessary to reach an agreement that the Defendant would immediately go beyond the police station when he/she sent a traffic accident.

The loan of money shall be repaid until September 12, 2014, and interest shall be paid KRW 150,000.

“To draw up a loan certificate while making a false statement.”

However, the defendant did not have any traffic accident, and the defendant did not have any intent or ability to complete payment even if he borrowed money from the injured party due to the absence of any particular property.

Nevertheless, the defendant deceivings the victim.

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