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Reasons
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(영문) 서울중앙지방법원 2015.09.10 2015고단1687
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On February 18, 2014, the Defendant of KRW 10 million, at E sales stores operated by the victim D in Seocho-gu Seoul, Seoul, on February 18, 2014, the Defendant was engaged in the 60,000 won of capital from around September 2013 to three other partners. However, on February 2014, the Defendant considered each month as the enemy, and had been operating a business with the whole locked and the amount of the capital, and even if he did not have any intent or ability to complete the payment, even if he did not borrow money from the victim because he did not have any other property, the Defendant purchased the vehicle with a good straw, which was purchased from the victim, with a loan of KRW 10,000,000,000,000,000,000,0000,000,000 won.”

In addition, as if the defendant F used to borrow money from a secondhand trading company run by the defendant F, who was well in business, the defendant was transferred KRW 10 million from the victim to the Agricultural Cooperative (H) account in the name of the defendant on February 18, 2014.

2. On April 14, 2014, KRW 5 million: (a) although the Defendant borrowed money from the victim, he/she did not have any intent or ability to repay the money; and (b) notwithstanding that he/she was thought to be used as a monthly rent deposit, he/she received from the victim a remittance of KRW 5 million from the Defendant’s bank account (I) in the name of the Defendant on the same day.

Summary of Evidence

1. Legal statement of witness D;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding F;

1. Statement by the prosecution concerning D;

1. A complaint filed in D;

1. A report on investigation (Attachment to details of account transactions);

1. Determination as to the assertion by the defendant and his/her defense counsel regarding the details of deposit and withdrawal transactions, the details of the passbook in the corporation, and the J auction status

1. The summary of the claim is that the victim has invested 10 million won in the business of selling and buying the vehicle of the defendant, and 5 million won in the name of the monthly rent.

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