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(영문) 서울북부지방법원 2020.02.06 2019고정582
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

On June 2016, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 20 million from one day to sell and sell waste plastics oil to the victim” at the office of D Co., Ltd. operated by the victim C located in Jung-gu Incheon, Jung-gu, Incheon, Jung-gu, to the effect that “The Defendant will pay the victim a full payment of the profits from the business.”

However, even if the defendant borrows money from the victim, the defendant did not have the intention or ability to use the money for the income, sales business.

On June 7, 2016, the Defendant, by deceiving the victim as such, received 20 million won from the victim to the national bank account (E) in the name of the Defendant, and acquired it by defrauded.

Summary of Evidence

1. Each legal statement of witness C and F;

1. The details of account transactions conducted by a national bank in the name of a suspect, investigation reports (verification of a user of borrowed money), preparation and reporting of a record book, investigation reports (verification of the details of credit card loans and cash services), the details of cash services, such as Samsung Card, and the application of Acts and subordinate statutes governing deposits without passbook;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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