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(영문) 울산지방법원 2016.12.09 2016고정1171

사기

Text

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

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

Reasons

Punishment of the crime

Even if the defendant borrows money from the victim B, he did not have the intention or ability to repay it.

Nevertheless, around October 2012, the Defendant: “If the Defendant borrowed only KRW 4 million from the time he/she intends to operate aquatic life-sustaining business, he/she will give KRW 4 million with the principal and KRW 8 million with interest of KRW 4 million until February 10, 2013; on October 20, 2012, the Defendant received KRW 500,000 from the victim to the account in the name of the Defendant, such as remittance of KRW 3.8 million with the borrowed money under the name of the Defendant, at least six times before and after the same month, as in the list of crimes, such as remittance of KRW 5 million from the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B;

1. Details of account transactions of community credit cooperatives;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act that prescribes the applicable criminal facts, the choice of fines (in general), the selection of fines (in addition, the reflection of the fact, the agreement with the victim, and the fact that the amount of damage is a small amount)

1. Articles 70 (1) 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;