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(영문) 서울중앙지방법원 2015.07.10 2015고정2415

사기

Text

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

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

Reasons

Punishment of the crime

Since the Defendant had no particular property in around 2008 and had access to the Gangwonland and the Morse Park, and had no intention or ability to repay money from another person, even if he borrowed money from another person.

Around January 208, the Defendant borrowed money from the victim to use it for gambling capital, etc., however, the Defendant made a false statement to the effect that “I would immediately repay money that is needed to repair the restaurant run by her wife” to the victim B. The Defendant received KRW 10 million in total twice from the victim on January 23, 2008 and January 31, 2008. On July 2008, the Defendant continued to receive KRW 51,000 from the victim C (here, 51 years of age) who is the denial of the victim B, and was issued from the victim around July 15, 2008.

Accordingly, the defendant deceivings the victims, and received a total of twenty million won from the victims, and acquired them by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Written complaint;

1. Application of the police interrogation protocol to D

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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;