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(영문) 수원지방법원 2012.12.20 2012고정2898
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 27, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny and embezzlement of stolen objects in the Suwon District Court, and the said judgment became final and conclusive on September 12, 2012.

The defendant is a worker in daily employment.

On December 7, 2010, the Defendant stated that “at present B works, but the mother is urgently required to pay for her bridge treatment expenses” on telephone through the mediation loan system of the victim Ldcop Co., Ltd. at the French site. In order to grant a loan of KRW 3 million, the principal shall be repaid at any time within five years, and interest shall be paid at 4% until every month and 120,000 won.”

However, the defendant did not have worked in B, and even if he did not receive a loan without a certain occupation at the time, he did not have the intention or ability to complete payment.

Nevertheless, the Defendant, as above, received 3 million won from the victim who believed that he belongs to the above and received reliance on the deposit of 3 million won from the Nonghyup Bank Co., Ltd. (C).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Complaints (including attached loan agreements and written confirmation of details of transactions);

1. Previous convictions: Application of Acts and subordinate statutes of defendant's legal statement;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Selection of Fine;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

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