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(영문) 대구지방법원 상주지원 2017.02.07 2016고정154
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 18, 2010, the Defendant made a false statement to the victim E, “I will lend KRW 50 million to the victim E after the use of the second month on the face of the week.”

However, the defendant did not have any particular property, and even if he borrowed money from the injured party with no property left for gambling, he did not have any intention or ability to complete payment after the second month.

As such, the Defendant, by deceiving the victim, obtained 5 million won from the damaged party to receive the delivery of 5 million won from the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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