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(영문) 서울동부지방법원 2018.04.27 2017고정1490
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 15, 2015, the Defendant appears to have written “E” written in the victim D’s written indictment from the C dormitory 304 located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul around December 15, 2015.

If her mother lends 3 million won as her mother her mother becomes worse and her mother lends her mother, her mother will immediately pay out as unemployment benefits are paid.

“A false representation was made.”

However, the defendant did not apply for unemployment benefits, and even if he borrowed money from the injured party, he did not have the intention or ability to pay it.

The Defendant received 3,00,000 won in cash from the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 29, 2016, the Defendant appears to have written “E” as stated in the victim D’s written indictment in the above C dormitory 304 around February 29, 2016.

E-gu F will compensate the victim for a traffic accident, but if 1.5 million won is loaned with an agreement, he/she will receive the F with no mold until July 15, 2016.

“A false representation was made.”

However, even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

The Defendant received KRW 1,500,000 from the injured party in cash on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

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

1. Application of the laws and regulations governing the receipt and payment of loans

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. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;

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