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(영문) 서울중앙지방법원 2017.09.26 2016고정2451

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 December 11, 2008, the Defendant would pay the victim D profits by lending money to the victim D on December 11, 2008.

The term "absing to be issued KRW 11 million as a loan, and received KRW 37 million in total under the name of the loan, such as KRW 6 million around May 28, 2009, and KRW 20 million around January 19, 2012.

However, since the investment scheme in which the Defendant intended to make an investment did not check the specific business details, and since it was an enterprise operated in the inner multilevel, it is uncertain to recover the principal and interest due to business prospects. Since the Defendant did not borrow money from the damaged party in 2007 due to the absence of particular assets, there was no intention or ability to change it as promised.

Nevertheless, the defendant, as described above, obtained 37 million won as a loan by deceiving the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Each report on investigation;

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

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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;