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(영문) 서울동부지방법원 2017.02.07 2016고정2011

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

The Defendant, on May 26, 2016, at the 2nd floor C golf course of Songpa-gu Seoul Metropolitan Government B commercial building on May 26, 2016, lent the remainder to the victim D to open the screen c golf course and pay it 10 million won after 15 days.

A false statement was made that he/she would sell the shares he/she has paid with the money.

However, at the time of fact, the Defendant did not need KRW 10 million in order to open a screen golf course or to pay the balance, and the Defendant was planned to borrow money from the damaged party to pay his personal debt, and the Defendant did not have any intent or ability to change it within 15 days even if he borrowed money from the damaged party, such as not holding stocks, etc. in the name of the Defendant at the time.

The defendant deceivings the victim as above and acquired the amount of KRW 10 million through a new bank account (F) in the name of the defendant E on the same day from the victim.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to file a complaint, a document verifying transaction details, a carcaro Stockholm dialogue, a personal credit report, a full certificate of registered matters, a determination, a criminal investigation report, and a criminal investigation report (in the event of a suspect's claims investigation

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;