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(영문) 서울북부지방법원 2018.05.29 2017고정1716

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 17, 2012, the Defendant in collusion with B (personally infinites), and at the Han-il Bank near Seoul subway No. 1 Seoul subway No. 1 on October 14:00, 2012, the Defendant stated, “The Defendant shall conduct a business of faceing KRW 10 million and give KRW 20 million to C twice the following day because he/she has a Government underground fund so that he/she may raise and commercialized the fund.” From the above D, he/she would lend KRW 20 million to the victim C, and then give the victim KRW 20 million two times the following day.

“A false statement” was made.

However, the defendant and B did not have the intention or ability to pay the borrowed money in accordance with the agreement even if they receive the money from the injured party.

Nevertheless, the defendant deceivings the victim as above and received a copy of the KRW 10 million check from the victim in the name of the borrowed money.

Accordingly, the defendant acquired the property from the damaged person in collusion with B.

Summary of Evidence

1. A protocol concerning the examination of some of the police officers against the accused;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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;