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(영문) 서울중앙지방법원 2018.05.03 2018고정528

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 29, 2015, the Defendant said, at the Defendant’s office located in Gwanak-gu, Seoul Special Metropolitan City around May 29, 2015, that “When investing KRW 10 million, the Defendant paid interest of KRW 500,000 per month to the victim D and repaid the principal by November 30, 2015.”

However, the defendant did not have the intention or ability to pay principal and interest normally even if he borrowed money from the damaged person under the pretext of investment.

Nevertheless, the defendant, as mentioned above, has made such a false statement, and he acquired 10 million won from the victim to the account in the name of one bank account in the name of E on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to each account statement (a complainant and defendant's lawsuit);

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;