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(영문) 서울서부지방법원 2013.08.22 2013고정968

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

1. Around 16:00 on October 23, 2009, the Defendant made a false statement to the victim D “C” that the Defendant worked as an employee by the Defendant who was employed by the Defendant, who borrowed 300,000 won as soon as he/she is urgently required to pay the amount to the victim D.

However, even if the Defendant borrowed the above money, the Defendant did not have the intent or ability to repay it.

As such, the Defendant, by deceiving the victim, received 300,000 won from the victim to the new bank passbook.

2. Around 20:00 on December 2, 2009, the Defendant stated that “Around 20:00, the Defendant borrowed 4 million won or more in advance from another place of business in which he/she has paid 4 million won or more in advance to the owner of multiple households, and borrowed 300,000 won or more in advance, and borrowed 4 million won in advance.”

However, the defendant did not have the intention or ability to complete the payment.

The Defendant, by deceiving the victim as such, received 4 million won from the victim to the new bank passbook.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant (including D parts of the statement);

1. Statement of D police statement;

1. Application of each statement of trading, each statement of trading, and each statute certifying contents;

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

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

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;