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(영문) 창원지방법원 통영지원 2016.06.20 2016고정63
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. Around August 19, 2011, the Defendant against the victim C made a false statement to the victim C by telephone, stating that “A victim C would make a prompt payment, as long as the remainder is not paid, due to the shortage of the amount to be paid.”

However, in fact, the defendant had no intention or ability to pay the money even if he/she borrowed money from the injured party due to the lack of a certain amount of income and the excess of his/her obligation.

However, the defendant deceivings the victim as above, and he received 6 million won from the victim to the husband's account under the name of the husband as the borrowed money.

2. Around September 18, 2013, the Defendant, against the victim D, made a false statement to the victim D, stating that “Around September 18, 2013, the Defendant would lend KRW 3.5 million to the victim D for the purchase price of a frequencyed fish to be used for the cryp cryp cryp cryp cryp cryp

However, in fact, the defendant did not operate the house beyond the auction at the time, and even if he borrowed money from the damaged party due to the absence of a certain amount of income and excess of the debt, he did not have an intention or ability to repay it.

However, as above, the Defendant: (a) by deceiving the victim as above; (b) received 3.5 million won in cash from the victim as the borrowed money from the victim; and (c) obtained the total amount of KRW 6 million from the victim on four occasions from December 18, 2013, from that time to December 18, 2013, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Application of Acts and subordinate statutes to details of transactions in each complaint, cash loan certificate, and passbook;

1. Article 347 (1) of the Criminal Act, the choice of a fine for a crime, Article 347 (1) of the same Act, and the choice of a fine

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

1. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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