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(영문) 서울북부지방법원 2016.01.20 2016고정25

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

1. On November 10, 2013, the Defendant made a false statement to the victim C by telephone from the Defendant’s home located in Jongno-gu Seoul, Jongno-gu, Seoul, that “Around November 10, 2013, the Defendant lent KRW 50 million to the merchants in the Dongdaemun-gu market as bonds, but the recovery is not possible. If the Defendant borrowed KRW 500,000 to one month, it would be repaid with the interest of KRW 1.5 million.”

In fact, the defendant did not lend the bonds to the merchants at the time, and there was no fixed income or property at the time and there was no intention or ability to pay the money within the agreed time limit.

The defendant deceivings the victim as above and was immediately delivered KRW 5 million to the Saemaul Treasury Account (D) in the name of the defendant under the name of the victim as the loan money from the victim.

2. On November 14, 2013, the Defendant, at the place indicated in paragraph 1, around November 14, 2013, would have to pay back the money first borrowed with the money if he/she borrowed the money more than KRW 15 million to the said victim by telephone.

The phrase “as soon as possible recover money by lending money to merchants” was false.

In fact, the defendant did not lend bonds as stated in paragraph 1, and there was no fixed property or income, and there was no intention or ability to repay the borrowed money as above.

The defendant deceivings the victim as above and received 15 million won from the Saemaul Treasury account (D) in the name of the defendant under the name of the victim as the borrowed money immediately from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a fair deed;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

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;