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(영문) 서울중앙지방법원 2015.01.14 2014고단8800

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 13, 2012, the Defendant: (a) on February 13, 2012, at the restaurant of D in Seocho-gu Seoul, Seocho-gu, Seoul; and (b) notwithstanding the fact that there was no intent or ability to make timely payments to the victims E who became aware of the branch’s introduction around that time, the Defendant borrowed the amount of KRW 70,00,000,000 as money to repay the bonds currently used as the higher interest on the nineth of the month, the interest shall be paid in three copies per month; and (b) the principal shall be paid in installments as the deposit is received as the end of the monthly rent contract of the apartment currently living at present; and (c) in trust, the Defendant acquired KRW 70,00,000 from the victim as the borrowed money on the same page.

2. On February 28, 2012, the Defendant, at Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu’s Seocho-gu’s Seocho-gu’s Seocho-gu, concluded that “If the Defendant borrowed KRW 30 million as the money is urgently required to pay the money, he/she shall pay it in three copies per month, and the principal shall be repaid without a mold,” and that he/she shall receive KRW 30 million from the victim who believed the said horse as it is, on the same page, in spite of the victim E’s intention or ability to make a timely repayment.”

3. On September 19, 2012, the Defendant, at Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Seocho-gu’s Seocho-gu around September 19, 2012, concluded that “If he/she lends KRW 20 million as he/she is urgently required to pay any money, he/she shall be paid in three copies of interest per month, and the principal shall be repaid without a mold after two months,” the Defendant shall receive KRW 20 million from the victim who believed the said horses as it is, under the same name, and shall obtain it.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Each monetary lending contract and certificate of borrowing and lending;

1. Each specification and receipt of transactions;

1. Application of Acts and subordinate statutes on the monthly rent contract;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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