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(영문) 서울동부지방법원 2015.10.13 2015고정1336

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On September 18, 2013, the Defendant stated that “The victim B, who was aware of the trade name in the Gangnam-gu Seoul Southerndong, was written with the money that he/she left at the coffee shop. There is a need to find the difference. Money is necessary. If the Defendant borrowed KRW 3 million, he/she would be repaid until December 25, 2013.”

However, in fact, the defendant was liable for the amount of KRW 8 million at the time, and even if he borrowed money from the victim with no particular property or income, he did not have any intention or ability to repay it.

The Defendant received 3 million won from the victim as the borrowed money on the same day from the victim to C's one bank account in which the Defendant was aware of the fact.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 10, 2013, if the Defendant lent KRW 3 million to the above victim by telephone at an Buddhist place located in Seoul on December 10, 2013, the Defendant first lent KRW 3 million to the above victim, and the Defendant would have to complete payment until December 25, 2013.

"Finally false."

However, the defendant did not have any intention or ability to repay the borrowed money from the victim as provided in the preceding paragraph.

The Defendant received 300,000 won from the victim to the new bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a report on investigation (C counterpart telephone investigation);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;