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(영문) 대구지방법원 2017.07.12 2017고정1095
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

On April 22, 2015, the Defendant borrowed money to the victim in the Seo-gu Incheon, Seo-gu, Incheon, for the purpose of paying hospital expenses and fines.

“A false statement” was made.

However, even if the Defendant borrowed money from the damaged party, it was thought that it was used on the Internet gambling, and there was no intention or ability to repay the borrowed money.

Ultimately, the Defendant, by deceiving the victim as above, received 650,000 won from the victim to the account of an enterprise bank (C) in the name of the Defendant on the same day, and received 4,20,000 won in total over six times from May 19, 2015, such as the statement in the list of crimes, from around May 19, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a statement of financial transactions and the details of answers to information on assessment of age;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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