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(영문) 서울남부지방법원 2015.12.09 2015고정2127

사기

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 7, 2014, the Defendant made a false statement to the effect that the Yeongdeungpo-gu Seoul Metropolitan Government Seocho-dong 3 would repay the principal and interest by means of equal principal and interest, etc. for 300,000 won each month when lending KRW 3,00,000 to the victim B, without any intent or ability to repay the principal and interest, even if he/she borrowed money due to a large amount of loan.

Therefore, the Defendant received 3,00,000 won from the victim to the account in the name of the Defendant on the same day.

Accordingly, the defendant acquired property profits equivalent to the above amount by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a complaint and a copy of loan transaction contract;

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;