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(영문) 서울중앙지방법원 2017.01.18 2016고정3794

사기

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 17, 2015, the Defendant would lend 15 million won to the victim E (56 years old) at the D coffee shop located in Heak-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Cheongju to purchase 120 members of the International Taekwondo Association by December 31, 2015, and repay the borrowed money to the victim E (56 years old).

The phrase “ makes a false statement.”

However, the fact that there was a demand for the repayment of the obligation, and there was no certain income and there was no special property, so there was no intention or ability to repay the obligation with others even if they borrowed money from others, and there was no intention or ability to have 120 persons join as members of the above association within 2 months.

On October 20, 2015, the Defendant was transferred KRW 15 million to a post office account (Account Number:F) in the name of the Defendant on October 20, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a complaint, contract, loan certificate, and inquiry about the results of transfer;

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;