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(영문) 서울중앙지방법원 2016.08.25 2016고단3411

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around February 9, 2009, the Defendant, at the victim’s home located in Yangcheon-gu Seoul apartment C, 122 dong 405, the Defendant called “the Defendant to repay the loans from the bank” to the victim.

The interest of 10 million won shall be paid on a monthly basis by lending 10 million won.

“.......”

However, even if the defendant borrowed money, he did not have the intention or ability to change it from time.

Therefore, it received 10 million won from the damaged person to the bank account of the defendant's name on the same day.

2. On March 2009, the Defendant lent 50 million won as soon as possible to the said victim’s money borrowed from the inside and outside of Korea to the police officer at the above place. If the Defendant borrowed money from the bank as a security to the apartment, the Defendant would pay 2.5 million won as monthly interest, and if the principal is changed, the Defendant would immediately repay the money.

The Court stated that the security loan fee of KRW 300,000 shall be KRW 49,700,000 shall be remitted.

However, even if the defendant borrowed money, he did not have the intention or ability to change it from time.

Therefore, the damage is the same from the above victim.

4.1. Around January, 200, the Defendant received money from 49,700,000 won to the bank account in the name of the Defendant bank account.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect of the accused;

1. Each police statement made to D or E;

1. Application of each statute prepared by E or D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. Although the punishment of Article 57 of the Criminal Act, including the number of days of detention is not much many, a considerable portion of the amount of damage has been returned to the victim, there has been no past record of criminal punishment by the defendant, and the age, sex, intelligence and environment of the defendant.