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(영문) 전주지방법원 군산지원 2013.06.13 2012고정891

사기

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around April 10, 2008, the Defendant: (a) around April 10, 2008, at the cafeteria of the Victim C located in Jeju-si; (b) on April 10, 2008, at the victim C’s restaurant, the Defendant would pay 200,000 won per month to the victim for interest on every one million won on the wind so obtained; and (c) at that year, the Defendant would pay 2 million won

8. Until 30.0, it will pay the money without money.

However, even if the Defendant borrowed money, the Defendant did not have any intent or ability to repay the money. The Defendant was given 5 million won as a loan from the victim on July 30, 2008, by deceiving the victim. The Defendant, around July 30, 2008, extended the sum of the money loaned to the victim prior to the loan, to the end of August 30, 2008. < Amended by Act No. 8857, Jul. 30, 2008>

‘Falsely speaking’ was made to the effect that it was “.

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

As such, the Defendant was given 1 million won from the victim, namely, by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to copies of cash custody certificates;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.