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(영문) 인천지방법원 부천지원 2015.01.23 2014고정1557
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant had been residing in Socheon-gu, Socheon-si, So-si, the defendant had been living in his house as a monthly income, and had been living in the restaurant as a daily-based income without a certain occupation. The defendant was responsible for 3 million won to the branch, due to the lack of living expenses.

At around 18:00 on July 11, 2012, the Defendant made a false statement to the victim E, “D” located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, that he would lend to the victim E the money of KRW 10,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

However, the Defendant, as seen above, was able to use the house for the purpose of debt repayment and living expenses, etc., other than deposit, because the Defendant leased and resided in the house at the time, and did not operate a factory to make three singings and clothes.

In addition, since the current income was insufficient to pay money from the people in the vicinity and it was difficult to pay the money in time due to the lack of living cost, there was no intention or ability to pay the money by means of the others, even if the money was borrowed from the victim.

The Defendant, as such, by deceiving the victim, received KRW 10 million from the victim as the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

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

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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