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(영문) 서울중앙지방법원 2014.04.04 2013고정6607

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

1. On February 23, 2012, the Defendant called the victim E at the Defendant’s home located in Gangnam-gu Seoul Building A, Gangnam-gu, Seoul, to the effect that “Isnatis in the course of being operated at F hospital and hospitalized at F hospital, and there is no hospital cost of KRW 5 million due to the lack of discharge.” On the second second second second second second back, the Defendant made a false statement to the effect that Isatis would immediately repay money.”

However, the defendant did not have any intention or ability to repay even if he borrowed money due to the absence of certain income at the time.

As above, the Defendant received KRW 5 million from the victim to the national bank account in G’s name, thereby deceiving the above money.

2. On June 7, 2012, the Defendant made a false statement that “The Defendant would lend 5 million won to the victim H at the instant coffee shop located in Seocho-gu Seoul Metropolitan Government after three months of the monthly interest rate of 3%, if he/she lends 5 million won to the victim H. If he/she fails to do so, he/she would submit a loan certificate and a certificate of personal seal impression.”

However, due to the above economic situation, there was no intention or ability to pay the principal and interest even if it borrowed money from others.

As above, the Defendant received 5 million won from the victim with the passbook in the first name and acquired the above money by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Each police statement of E and H;

1. Application of Acts and subordinate statutes concerning the list of debts and bankruptcy decision;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;