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(영문) 서울서부지방법원 2015.05.14 2014고단750 (1)

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant shall obtain money from the applicant for compensation 120,000,000 won and shall do so.

Reasons

Punishment of the crime

On March 16, 2011, the Defendant stated that “The Defendant would pay the victim B with interest of KRW 130 million, including interest of KRW 120,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

However, the Defendant did not own the land in harmony, and used the above KRW 120 million for personal debt repayment, not for design expenses, and the Defendant did not have any intent or ability to pay the price even if he borrowed the above money from the victim with no monthly income.

Nevertheless, the Defendant was issued 12 copies of the cashier’s checks ( check number C-D) from the victim, i.e., loan name at the seat of 10 million won.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. Response to requests for the details of financial transactions;

1. The loan certificate;

1. A copy of a bankbook;

1. Application of the Acts and subordinate statutes excluding cash payments;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with Declaration of Provisional Execution;

1. An order for compensation under Article 25 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (Special Cases Concerning the Promotion, etc. of Legal Proceedings) for the dismissal of an application for compensation (excluding the remainder of the personal seal) is a system that orders the compensation of direct physical damage and medical expenses incurred by a criminal act either ex officio or upon request of the victim, etc., in cases where the court declares a conviction of a crime prescribed in paragraph (1) of the same Article.