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(영문) 서울북부지방법원 2013.07.22 2013고정1706

사기

Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 25, 2011, the Defendant stated that “The victim C would pay for the motor vehicle trade business by December 12, 2011, if only 100,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

However, in fact, the Defendant had been in a situation where the Defendant had been liable for the debt amounting to the KRW 00 million and had been operated, and there was no intent or ability to repay the debt even if the Defendant borrowed money from the victim as above.

Nevertheless, on August 29, 2011, the Defendant, by deceiving the victim as above, obtained a 100,000 Chinese penal code (a approximately KRW 18,000,000) from the victim and acquired it by deception.

2. On November 1, 2011, the Defendant stated, at the same place as the above paragraph 1, the victim C, “A defect occurred in the imported vehicle and failed to repay the previous borrowed money. If the insurance is processed, the previous borrowed money can also be repaid, and only 30,000 won can be repaid.” On the other hand, the Defendant provided that “A repayment shall be made together with the borrowed money borrowed within one week prior to the loan.”

However, in fact, the Defendant had been in a situation where the Defendant had been liable for the debt amounting to the KRW 00 million and had been operated, and there was no intent or ability to repay the debt even if the Defendant borrowed money from the victim as above.

Nevertheless, the Defendant, by deceiving the victim as above, obtained a 30,000 Chinese penal code from the victim on December 5, 201, and acquired the 30,000 Chinese penal code (Korean penal code KRW 5,400,00) from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes for the certificate of telegraph exchange;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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