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(영문) 서울북부지방법원 2017.11.16 2017고정1630

사기

Text

Defendant shall be punished by a fine of 2.2 million won.

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

Reasons

Punishment of the crime

On November 15, 2013, the Defendant made a false statement to the effect that “The Defendant would make an equity investment in a hotel age club in Gangnam-gu, the Defendant borrowed KRW 50 million, as the funds are insufficient to make an equity investment, to the victim B. Within three months, to further repay KRW 2,50,000,000,000, adding interest rate of KRW 5%.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

Around November 21, 2013, the Defendant deceivings the victim as above and transferred KRW 47 million to the new bank account (C) in the name of the Defendant around November 21, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;