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(영문) 대전지방법원 홍성지원 2018.11.14 2018고단354
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 20, 2010, the Defendant stated that “The Defendant would complete payment of the principal and interest KRW 40 million by adding the principal and interest up to November 20, 201,” to the victim B at a coffee shop where it is impossible to know the trade name in Seocho-gu Seoul Metropolitan Government, Seocho-gu.

However, at the time of fact, the defendant was unable to obtain certain profits from the deceased and the deaf company, and even if the defendant bears more than 500 million won in total to the forestry cooperatives and the neighboring people, there was no intention or ability to make a short repayment.

The defendant deceivings the victim as above, and he obtained the cash of KRW 15 million from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A certificate of borrowing;

1. The criminal facts are denied by asserting that the Defendant had an intent and ability to repay the borrowed amount at the time of investigation report (verification of suspect debt information - C corporation), credit information (the Defendant and his defense counsel).

However, Defendant’s specific assertion on the above argument (as long as Defendant did not submit any data on the profitability of the deaf company, the criminal facts cannot be denied on the premise that the above argument was accepted). However, Defendant’s specific assertion on the above argument (as long as the time was the fourth to the fourth to the fifth year, the agricultural company was transferred to the Republic of Korea in detail at the time, and the place was later transferred to the Republic of Korea, and the typhoon was prevented from obtaining profits from the agricultural company due to typhoon damage) and Defendant’s net profit.

Application of Statutes

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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act is denied, the fact that a repeated crime was committed during the period of repeated crime, the fact that a criminal record was committed for the same kind of crime, and the damage was not recovered most.

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