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(영문) 의정부지방법원 2016.05.19 2015고정1012

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On August 23, 2013, the Defendant was sentenced to 8 months of imprisonment and 1 year of suspended execution for violating the Illegal Check Control Act at the Seoul Northern District Court on August 23, 2013, and the said judgment became final and conclusive on August 31, 2013.

On July 20, 2011, the Defendant made a false statement to the victim C at a Seoul Buddhist District, stating that “A operates the D shop, and F, a direct goods plant, is operating the F, Co., Ltd., Ltd., a product plant, and is repaid with a loan of money.”

However, at the time, EBF was not operated properly due to the financing shortage, and the defendant has a total of approximately KRW 700,000 won of bank loans, KRW 300,000 won of bank loans, KRW 300,000 won of bonds, and KRW 300,000,000 won of bonds, so even if he borrowed money from the victim, he did not have an intention or ability to repay the money

Nevertheless, on July 20, 201, the Defendant received 4.5 million won from the injured party under the name of the borrowed money on July 20, 201.

From around that time to July 27, 2011, the Defendant received a total of KRW 15,187,370,000 from the injured party as stated in the list of crimes in attached Table six times in total.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by C by the witness among the six-time public trial records;

1. A copy of an inquiry or agreement on transaction details;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The money stated in the list of offenses Nos. 1, 2, 3, 4, and 6 of the summary of the argument is not in the name of the borrowed money, but is delivered by the Defendant in the form of agreement by arranging the existing bonds and obligations with the victim on July 18, 201, and is attached to the list of offenses.