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(영문) 창원지방법원 마산지원 2019.02.19 2018고정338
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Criminal facts

On July 21, 2015, the Defendant was sentenced to two years and six months of imprisonment for fraud in the Changwon District Court Msan Branch, and three years of suspended execution, and the judgment became final and conclusive on July 29, 2015.

On October 23, 2013, the Defendant made a false statement to the victim C’s office located at Changwon-si’s window B, stating that “The Defendant is unable to pay wages to the employees who did not receive construction cost, but would complete payment after the month, if the Defendant lent KRW 10 million to the victim.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim, received 10 million won from the victim to the DNA bank account in the name of the defendant, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. C Complaints;

1. Previous records of judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records as a suspect), and application of statutes of the judgment;

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

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;

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