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(영문) 서울동부지방법원 2016.09.29 2016고단2410

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant around March 21, 201, at the 2nd coffee shop located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) around March 21, 201, “The Defendant currently has new projects and funds are insufficient.

If only KRW 10 million is lent, not only the principal but also the interest shall be paid sufficiently until October 21, 201.

The phrase “ makes a false statement.”

However, at the time of fact, the defendant did not have any property, and even if he borrowed money from the injured party, he thought that he would use it as a gambling fund, not a business fund, and therefore, he did not have any intention or ability to repay the principal and interest as promised to

Nevertheless, the defendant deceivings the victim as above and transferred 10 million won as the borrowed money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes on remittance, borrowing certificates, and certificates of seal imprint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.