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(영문) 광주지방법원 2017.05.11 2016고정63

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant around April 3, 2013, at the victim G's house located in Seo-gu, Seo-gu, Gwangju metropolitan apartment 104 Dong 705, “The Defendant would make an investment in money in the Republic of the Republic of Korea, to lend money to the Republic of Korea, to KRW 4 million in July or August, 201, and to give ten times the money from the Republic of Korea to the Republic of Korea.

The phrase “the victim seems to have been able to pay back money to the Defendant properly.”

However, the Defendant had a debt of approximately KRW 120 million, and invested money in mineral development; however, it was a situation in which the Defendant was unable to repay the money even if he/she borrowed money from the damaged party due to the failure to discover the amount of money at around January 2012.

The Defendant received KRW 4 million from the injured party on April 3, 2013. From April 3, 2013 to March 10, 2014, the Defendant received KRW 4 million from April 3, 2013 to KRW 5 million from April 4 to March 10, 2014, such as the list of crimes in the annexed crime list, and lent money to the Defendant by receiving the victim’s KRW 5 million check prepared by the Defendant (see, e.g., the witness G’s statement in the second public trial protocol). The Defendant would pay money to the victim over the period.

It received a total of KRW 19.5 million.

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

Summary of Evidence

1. The defendant's partial statement in court (the nine public trial date);

1. Statement made by the witness G in the second public trial records;

1. A protocol concerning the interrogation of the accused by the prosecution (including the G statement part concerning the interrogation of the accused);

1. Statement of the police statement related to G;

1. Complaint;

1. A copy of each loan certificate;

1. Application of the details of each deposit and withdrawal transaction (the bank account under the name of the defendant and H), and the details of use of each credit card;

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;

1. Article 186(1) of the Criminal Procedure Act, which means the cost of lawsuit.