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(영문) 서울남부지방법원 2017.06.28 2017고정613

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Defendant: 2012

9.1. Around January 1, Dongdaemun-gu Seoul Metropolitan Government Post Offices that newly established Dongdaemun-dong Post Offices shall provide victims C with a loan of KRW 2 million with the loan of KRW 2 million as soon as he/she lends his/her funeral services.

The phrase “ makes a false statement.”

However, in fact, the defendant was trying to use for the cost of living and did not have the intention or ability to repay the borrowed money with third funeral services.

As such, the Defendant, by deceiving the victim, obtained cash 2 million won from the victim around that time, and acquired it by fraud.

2. On April 1, 2013, the Defendant would have repaid the full amount of the money that the Defendant leased to the Victim C before selling the mountain ginseng, where he/she had sold it to the Victim C, at the place where it was located in Sejong-dong, Gwangjin-gu, Seoul, Seoul.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have any intention or ability to repay the money borrowed from the Republic of Korea.

As such, the Defendant, by deceiving the victim, obtained the delivery of the mountain ginseng of an amount of KRW 3 million at the market price from the victim around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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;

1. Article 186 (1) of the Criminal Procedure Act bearing Costs of Trial;