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(영문) 수원지방법원 2013.09.05 2013고정2042
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant,

1. On July 2007, the victim made a false statement to the victim C by telephone at an irregular place, stating that “All of 50,000 won previously borrowed shall be repaid within 3 months, and 20,000 won shall be additionally lent out of her husband’s construction fund.”

However, the fact that there was no particular income from both the defendant and the defendant's husband's husband, but around 2006, he received a loan of KRW 300 million from the interesting country life, and bears a large amount of debt for the apartment house No. 2203 1801, Yeongdeungpo-gu, Jung-gu, Seoul. Therefore, even if he borrowed money from the victim, he did not have the intention or ability to repay it.

On July 23, 2007, the Defendant acquired money from the victim to the national bank account (Account Number:F) in the name of husband E of the Defendant from the victim and acquired it by fraud;

2. In March 2008, the victim made a false statement by telephone, stating, “within three months from the previous 70,000 won, 200,000 won as her husband’s construction fund, which shall be repaid within three months.”

However, even if the defendant borrowed money from the victim, he did not have any intention or ability to repay it.

The defendant acquired the money from the victim to the national bank account in the name of E on March 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to report on investigation (Submission of Victim Data);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;

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

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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