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(영문) 의정부지방법원 2014.05.15 2014고정252

사기

Text

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

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

Reasons

Punishment of the crime

Although the Defendant had earned approximately KRW 100,000 per day while working as an employee in the new subway sales outlet, the Defendant did not have any particular property if excluding KRW 15,00,000,000,000,000,000,000,000 won, such as card amount of KRW 27,700,000,000, and savings bank loans amount to KRW 37,000,000, and thus, there was no intention or ability to complete payment even if he borrowed money from others.

On January 7, 2013, the Defendant: (a) made a false statement to the victim D, “I will use only one month if I lend 10 million won to the victim; (b) remove 500,000 won from the prior interest and transfer KRW 9.5 million to the remittance of KRW 9.5 million from the victim’s bank account (Account Number: E) opened in the name of the Defendant from the victim; and (c) obtained by defrauded the money from the victim to the Japanese bank account (Account Number) opened in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;