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(영문) 서울남부지방법원 2014.10.23 2014고정1941

사기

Text

Defendant

A shall be punished by a fine of 300,000 won.

Defendant

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

Reasons

Punishment of the crime

Defendant

A On September 15, 2014, at the branch court of Suwon District Court, the sentence of imprisonment with prison labor of eight months for embezzlement was rendered on September 23, 2014, and the above judgment became final and conclusive.

Defendant

A and Defendant B are relatives who are relatives.

On April 201, 201, the victim D leased benE 220,00 CDI (the market price of KRW 66.9 million), and received a loan of KRW 1.3.5 million from A through A around May of the same year, and received an additional loan of KRW 7 million on the 24th of the same month after the credit business chain was paid, the above vehicle was to keep the loan of KRW 1.3.5 million from the 1.3.5 million before the repayment of the loan.

Since the victim was unable to repay his obligation, the defendant A could not be aware of the location by delivering the above lease vehicle to the endr of the winter-dong market around September 201 and around October 201, and even if the defendants were paid the obligation from the victim, he did not have the intent or ability to allow the third party to succeed to the lease.

Nevertheless, on September 2012, the Defendants: (a) provided that the Defendant would have a third party succeed to the lease if he/she has paid a loan of KRW 2 million to the victim KRW 7 million; and (b) provided that he/she would have paid a total of KRW 9 million to the third party; and (c) received the transfer of KRW 5 million from the victim on October 5, 2012; and (d) received a total of KRW 9 million by receiving the transfer of KRW 4 million on October 15, 2012.

As a result, the Defendants conspired to acquire 9 million won from the victim.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Some police interrogation protocol against the Defendants

1. Details of transactions in passbooks, promissory notes, and recording notes;

1. Before Defendant A’s judgment: Application of a copy of the judgment and the Acts and subordinate statutes governing the agreement and assistance to case;

1. The Defendants: Articles 347 (1) and 30 of the Criminal Act concerning the applicable criminal facts and the choice of punishment;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant B to suspend the sentence: Fines of 300,000 won;

1. Detention at a workhouse;