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(영문) 서울남부지방법원 2014.01.20 2013고정2549

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

In August 2007, the Defendant stated that “When the Defendant is conducting apartment construction projects in the vicinity of the Southern-gu Jeonyang-gu Station, Gyeonggi-do, while the funds are insufficient, the interest rate of KRW 20 million shall be calculated at 20% per annum, and the principal shall be repaid by November 30, 2007,” the Defendant stated that “The Defendant will pay the principal by November 30, 2007.”

However, in fact, the defendant did not proceed as the project under way, and was faced with financial difficulties, and there was no special property or fixed monthly income, and even if he borrowed money from the victim, he did not have the intent or ability to repay it.

Around August 31, 2007, the Defendant, by deceiving the victim as such, received money from the victim to the national bank account in the name of the Defendant and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police interrogation protocol against the accused;

1. Examination protocol of a police suspect regarding D;

1. Statement to C by the police;

1. Statement by the police about E;

1. C Complaints;

1. C's statement (additional statement);

1. A copy of the complaint filed by C (additional statement);

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

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.