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(영문) 인천지방법원 2015.01.15 2014고단5634
사기
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The defendant of "2014 Highest 5634" was sentenced to six months of imprisonment with prison labor and two years of suspended execution on April 16, 2013 by the Incheon District Court for attempted fraud, etc., and is currently under suspended execution, which became final and conclusive on June 3, 2013.

The defendant around April 10, 2014, at the Bupyeong-gu Incheon Metropolitan Government Office for the management of the building in Bupyeong-gu, Incheon Metropolitan Government, the defendant would pay the victim D with three million won interest if he/she lends five million won.

The Defendant made a false statement. However, on the other hand, the Defendant did not have any intent or ability to repay personal debts, such as card payments, to the extent that he/she borrowed money from others without any particular property. The Defendant, by deceiving the victim, received KRW 5,000,000 from the Korean National Bank in Bupyeong-gu Incheon Metropolitan City, which is located in Bupyeong-gu, Incheon. On March 26, 2014, the Defendant provided the victim with KRW 5,000,000,000 from the Korean National Bank. The Defendant, “2014No6435, Jun. 26, 2014, the Defendant provided the victim with false statement that “The Defendant would pay KRW 2,00,000 to the victim E” from the management office of Bupyeong-gu, Incheon

However, in fact, the defendant did not have any intent or ability to repay the personal debt, such as card payments, even if he/she borrowed money from the victim without any specific property.

As such, the Defendant, by deceiving the victim as such, received two million won as the borrowed money from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense: Article 347 (1) of the Criminal Act (the selection of fines in consideration of the fact that an agreement was reached with the victim during the period of suspension of execution

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

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: It is so ordered as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act;

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