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(영문) 광주지방법원 2017.01.19 2016고정1117
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 May 28, 2011, the Defendant loaned KRW 10 million to the injured party B within the salt farm sports center located in Seo-gu, Seo-gu, Seo-gu, Gwangju.

“A false statement” was made.

However, the defendant did not have any intention or ability to repay even if he borrowed money from the injured party due to the absence of any particular property.

As such, the Defendant, by deceiving the victim, obtained the delivery of KRW 10 million under the name of the post office deposit account (Account Number: C) in the name of the victim on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (part of a statement by an complainant);

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

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

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