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(영문) 서울동부지방법원 2017.10.20 2017고단2117

사기

Text

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

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

Reasons

Punishment of the crime

On June 4, 2015, the Defendant requires KRW 20 million to the victim F, who was introduced by the Defendant at D office located in Gangnam-gu Seoul Metropolitan Government C building 1418, and to the branch E, for the victim F, who was introduced to the branch E.

When lending money, 8% interest per month shall be paid, and all principal shall be repaid after 12 months.

However, at that time, the Defendant was liable for the debt of approximately KRW 80 million to other persons than the victim, and was unable to repay the debt within a given period after borrowing the money from the lending company. Moreover, even if the Defendant borrowed money from the damaged party due to the financial situation, such as continuous decline in credit rating from May 2015 to March 2017, the Defendant did not have any intent or ability to repay it during the due date, even if he borrowed money from the damaged party.

The defendant deceivings the victim as above and received 20 million won as the loan from the injured party on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the E or F statement);

1. Statement made by the police with regard to F;

1. A certificate or process of borrowing;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act for the crime, the selection of a fine (including the repayment of 15 million won out of the money obtained by deception, the remainder of the money obtained by deception to provide personal security, the agreement with the victim is reached, and the confession is contrary to the confession, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;