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(영문) 서울북부지방법원 2019.01.17 2018고정1739
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

[Criminal Power] On February 7, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. at the Seoul Northern District Court, and the said judgment was finalized on April 23, 2018.

【Criminal Facts】

On April 21, 201, the Defendant: (a) borrowed money equivalent to KRW 200,000 at the time of the loan from the Sung-gu, Sung-do; (b) notwithstanding the absence of the ability or intent to repay, the Defendant acquired property by deceiving the victim B by deceiving the victim by means of remitting KRW 5,00,000 from the victim’s account under the name of the Defendant to Cbank (D) in the name of the Defendant on April 21, 201.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Copy of passbook B which is the complainant;

1. Previous convictions: Criminal references, investigation reports (in relation to attachment of written judgments to a suspect, concurrent crimes in the latter part of Article 37, and sentencing), and application of two Acts and subordinate statutes of written judgments;

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

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

1. Articles 70 (1) 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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