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(영문) 춘천지방법원 원주지원 2017.01.09 2016고단705
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 16, 2009, the Defendant concluded that “Around November 16, 2009, the Defendant would lend KRW 3 million and pay KRW 2.50,000 per month interest at the victim C’s residence located in D Apartment 101, 405, Dong-si.”

However, the defendant did not have any occupation at the time and did not have any property, and even if he borrowed the above three million won from the injured party, he did not think of the full payment.

Nevertheless, the defendant deceivings the victim as above and obtained from the victim, i.e., delivery of KRW 3 million from the victim, thereby deceiving the amount of the same.

Summary of Evidence

1. Each legal statement of witness C and E;

1. Statement made by the police with regard to C;

1. The notification of the results of appraisal of the borrowed money certificate and documents, and the application of Acts and subordinate statutes to fingerprint appraisal;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment: Selection of a fine;

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

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Sentence of Provisional Execution;

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