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(영문) 수원지방법원 2014.02.06 2013고단4765

사기

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 20, 201, the Defendant stated that “A victim C shall pay 12 million won in total,00,000 won prior to the loan of KRW 12 million to a third party by acquiring main points from a third party and lending 12 million to a third party at his/her own expense,” and around November 17, 201 of the same year, the Defendant called that “A third party who entered into a contract with a third party to take over a third party is liable to pay 12 million won after the loan of KRW 6 million to the third party after the loan of KRW 12 million to the third party.”

However, in fact, there was no property of the defendant at the time, and the debt was 63 million won and was bad credit, and most of the funds necessary for the acquisition of the main points in the Republic of Korea to be borrowed to the victim is under circumstances that most of the funds should be borrowed from the victim, so there was no intention or ability to repay the money after the month.

Nevertheless, on October 20, 201, the Defendant received KRW 12 million from the victim through the agricultural bank passbook in the name of the Defendant’s child on October 20, 201, and received KRW 6 million in total from the victim to the same passbook on November 17, 201.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Application of each police protocol of statement C to the Act

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.