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(영문) 서울서부지방법원 2017.11.24 2017고단572

사기

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

around October 13, 2010, the Defendant is urgently required from the “E” set of the Victim D in Jongno-gu Seoul Metropolitan Government, which is operated by the Victim D in Jongno-gu, Seoul.

If a person lends KRW 30 million to Japan, he/she will return to Japan and pay interest sufficiently.

No later than December 31, 2010, a certificate of borrowing was drawn up, stating that the borrower will repay the borrowed amount.

However, the defendant did not have any intention or ability to repay money until December 31, 2010, even if he borrowed money from the injured party with no particular property or occupation at the time of borrowing money.

Nevertheless, the Defendant, as mentioned above, obtained a letter of 10 million won of the check from the injured party in his own name as the borrowed money from the injured party and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

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

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

3. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment.