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(영문) 서울북부지방법원 2018.10.11 2018고정401

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 2, 2014, the Defendant: (a) at the home of the victim C 102 Dong C102 and 905, and (b) even if he/she borrowed money from the victim with no claim to refund deposit amount of KRW 5 million, he/she did not have the intent or ability to repay the money; (c) the victim had the director at the above floor (1101) of the house at which he/she was living, and (d) he/she would receive KRW 2 million of the deposit due to a shortage of KRW 2 million; and (d) by deceiving the victim, he/she received KRW 2 million from the damaged person on the same day.

2. On December 12, 2014, the Defendant, at the foregoing place, and the fact, as seen above, did not have a claim to refund a deposit of KRW 5 million, and even if having borrowed money from the victim D, the Defendant did not have the intent or ability to repay the loan, and the Defendant, despite having no intent or ability to repay the loan, concluded that the Defendant “on the face of lending KRW 700,000,000 to repay the loan with KRW 2 million,000,0000,000,0000,0000,0000,000,000 won was transferred from the victim.”

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Written notes or receipts of a loan;

1. Application of Acts and subordinate statutes on financial transaction details and text messages;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

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;