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(영문) 대구지방법원 2019.01.24 2018고정1009
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 16, 2016, the Defendant committed the crime against the victim B made a false statement to the effect that “A victim B (n, 65 years of age) was in a situation where money was raised in a foreign country and money was to be purchased more than 1 million won if he/she borrowed money from 2 million won to 30 million won.”

However, in fact, the Defendant had no intention or ability to repay the borrowed money to the victim according to the promise since he had already retired from the gold industry since springing around 2014, because he had been able to use the gold bank due to a difficult situation at the time, such as an urgent cost of living from the victim.

As such, the Defendant, by deceiving the victim, obtained 2 million won on the same day from the victim and acquired it by fraud.

2. On November 2016, the Defendant, who committed the crime against the victim D, made a false statement to the effect that “The Defendant would repay the following day if he/she borrowed her her mother and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her she

However, the defendant did not have any intention or ability to repay the borrowed money to the victim for the same reasons as the statement in Paragraph 1.

As such, the Defendant, by deceiving the victim, obtained 2 million won on the same day from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of each police protocol of statement B and D to the police protocol;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Although there are favorable circumstances such as the fact that there is an agreement with the victims of Articles 70(1) and 69(2) of the Criminal Act for the inducement of work site, the defendant is punished for fraud.

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