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(영문) 서울서부지방법원 2015.02.03 2014고정2394

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 31, 2009, the Defendant made a false statement to the effect that “D” operated by the Defendant located in Mapo-gu Seoul Mapo-gu Seoul, would provide the victim E with “Ilur only use and immediately refund money.”

However, at the time, the defendant was in a bad credit position and was in an economic difficult situation because the beauty room was not operated well, so even if he borrowed money from the victim, he did not have the ability to repay it.

Nevertheless, the defendant has received 80,000 won from the victim as the borrowed money around that time, and the same year.

4. 23. Each one million won has been issued under the same name;

2. On December 3, 2010, the Defendant made a false statement to the effect that “The Defendant would repay the money borrowed prior to the loan to the said victim at the above place.”

However, at the time, the defendant did not have the ability and intention to pay the victim, even if he borrowed the money.

Nevertheless, the Defendant received KRW 1.9 million from the victim as the borrowed money around that time.

3. On December 14, 2010, the Defendant had a lot of compensation when the house where the victim lives together with the above victim at the above place was reconstructed.

It was false to the effect that the compensation would be repaid up to the borrowed money prior to the point of time.

However, at the time, the defendant did not have the ability and intention to pay the victim, even if he borrowed the money.

Nevertheless, the Defendant received KRW 1.9 million from the victim as the borrowed money around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a loan certificate or deposit certificate;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 70(1) of the Criminal Act for the detention of a workhouse.