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(영문) 서울중앙지방법원 2014.02.20 2013고단7793
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a cosmetic worker.

The Defendant borrowed money to employees to secure an employee while running a commercial sex acts in the vicinity of Gangnam-gu Seoul Metropolitan area with the trade name "D", but the employee was no longer able to lend the Defendant's money to the victim E as long as he/she did not fully repay the money. As such, the Defendant would have repaid interest of KRW 400,000 to the victim E after the month when he/she lent 1 million to the victim E.

The phrase “the meaning was false.”

However, the Defendant did not have any intent or ability to pay 40% interest after one month even if the Defendant borrowed money from the victim because he did not receive any money from the Defendant as above.

Around January 2, 2013, the Defendant received 8 million won from the victim as the borrowed money through the account of community credit cooperatives (F) in the name of the Defendant from the victim and received 8 million won from the victim, and the same year from that time as indicated in the list of crimes in the attached Table.

3. Until 30. A total of 64,660,000 won was remitted through the same method over 10 times and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness E legal statement;

1. Each police statement of E;

1. Part of the prosecutorial protocol (including a substitute part) of the defendant's interrogation of the suspect: When the defendant asked the victim to borrow the funds, it appears that the defendant did not sufficiently inform the situation that it is difficult to recover the borrowed funds even if he/she lent them to the employee of the sexual traffic business establishment. In full view of the defendant's financial history and environment at the time, the defendant's re-interest rate is higher, the contents of the crime, the process of performing transactions, etc., it is recognized that the defendant had failed to do or committed the crime.

Application of Statutes

1. Relevant provisions of criminal facts: Article 347 (1) of the Criminal Act;

1. Suspension of execution: Article 62(1) of the Criminal Act provides that the Defendant has repaid approximately twenty five million won to the victim during that period.

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