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(영문) 서울중앙지방법원 2014.11.20 2013고정6693

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

around September 7, 2012, the Defendant stated to the effect that “The Defendant would pay 3% interest per annum to the victim C at the foreign exchange bank located in Gangnam-gu Seoul (Seoul), “A card price is sealed, and 28 million won is paid to the victim C.”

However, in fact, the defendant has already been given a loan equivalent to KRW 600 million, and the victim has no particular income or property and has no intention or ability to pay the card price to the defendant even if he pays the card price on behalf

As above, the Defendant: (a) by deceiving the victim; (b) ordered the victim to substitute the victim to pay KRW 28 million; and (c) did not pay KRW 20 million through her inner card tin; and (d) did not pay the remainder eight million.

Summary of Evidence

1. C’s legal statement;

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes on a copy of a bankbook and card;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;