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(영문) 제주지방법원 2014.07.25 2014고정492
사기
Text

Defendant shall be punished by a fine of KRW 800,000.

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

Reasons

Punishment of the crime

At around 14:00 on April 10, 200, the Defendant stated that “No money is paid to the victim to lend money to the child” at the victim D’s house located in the window C of Changwon-si, Changwon-si, the Defendant would be paid interest if he lends KRW 5,00,000 to the child, and if he borrowed the principal, he would be repaid if he borrowed the principal.” However, the Defendant was thought to use the borrowed money for other purposes, such as the payment of vehicle installment, and there was no intention or ability to pay it properly.

Nevertheless, the Defendant, by deceiving the victim as above, obtained 5 million won as the borrowed money from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to detailed statement of transactions and each investigation report (written report on telephone call statement filed against complainant D);

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

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

1. Provisional payment order: The punishment shall be determined as ordered in consideration of all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Recognizing the facts of the crime; paying interest to the victim; recovering part of the damage (in the investigation record 73 pages); having no criminal record exceeding the same criminal record or fine; and having no record of criminal punishment after 2006: Circumstances of the crime, circumstances after the crime, the defendant’s occupation, economic conditions, etc.;

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