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(영문) 서울남부지방법원 2015.12.17 2015고정2209
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant had a credit card debt amounting to KRW 20 million, and even if he/she borrowed money from the victim B, he/she did not have an ability or intent to repay the debt even if he/she borrowed money from the victim B due to the continuous state of use management room operated.

Defendant,

1. On September 6, 2010, around the victim’s multiple-use vehicle parked on the street in front of the “Dunsoft Management Office” operated by the defendant in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, the victim made a false statement that he/she would repay the victim with no mold up to December 30, 2010 if he/she borrowed the funds.

Accordingly, the Defendant received 5 million won in cash from the victim, i.e., e., the victim;

2. On January 20, 201, the victim parked in the above place, and the funeral service did not know the victim as much as he/she would have operated his/her shop, and even if he/she borrowed KRW 5 million as he/she would have difficulty in house formation, he/she would make a false statement that he/she would have repaid his/her house without any mold until April 30, 201, without any room at this time.

Therefore, the defendant received 5 million won in cash from the victim in the face of the defendant.

Accordingly, the Defendant, as seen above, was arrested by the complainant and received a total of KRW 10 million over twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the said Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentence 2 million won is sentenced to a fine of KRW 3 million: ① A confession, ② without the same kind of power, ③ a victim stated that he was paid KRW 1.50,00 as interest when he lent the first five million won; ④ The victim thereafter stated that he did not receive a short rate of interest from the Defendant, but the Defendant remitted the total amount of KRW 2,50,000 to nine times from February 22, 2011 to October 28, 2011 based on remittance data.

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