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(영문) 부산지방법원 2015.01.15 2014고정4795

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant did not have any particular property or income as a family owner, and did not receive the living expenses from her husband, thereby making a loan of approximately KRW 1.5 million to her husband as a cash service, and was at least KRW 7 million of personal debt, and was able to repay the said debt with the money borrowed from her relatives B, and thus, there was no intention or ability to repay the debt even if she borrowed the money from her relatives.

1. On August 9, 2007, the Defendant made a false statement to the effect that “The Defendant shall repay the victim with interest at a rate of 10% per annum, if he/she lends the money to the victim” at the victim’s house located in Seoyang-si A Dong 103, and that he/she shall receive 8.4 million won from the victim as the borrowed money from the community credit cooperatives located in the same interest on the same day on the same day.”

2. On August 22, 2007, the Defendant, at the victim’s house as stated in the above Paragraph (1) above, made a false statement to the effect that “The Defendant shall pay the victim a full payment with the money borrowed prior to 10% per annum plus interest.” On the same day, the Defendant received KRW 1 million from the victim as the borrowed money from the community credit cooperatives as stated in the above Paragraph (1) as the borrowed money.”

3. On October 9, 2007, the Defendant, at the victim’s house as stated in the above Paragraph (1) above, made a false statement to the effect that “The Defendant would have repaid the Defendant with the money borrowed at 10% per annum plus interest thereon within one year.” On the same day, the Defendant received 3.2 million won from the victim as the borrowed money from the community credit cooperatives as stated in the above Paragraph (1) on the same day.

Summary of Evidence

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. A criminal investigation report, hearing of opinions by a complainant and a criminal investigation report;

1. Application of details of transactions and statutes governing transactions;

1. Relevant Articles of the Act concerning the facts constituting the crime;