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(영문) 서울중앙지방법원 2014.04.17 2014고정707
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 3, 2011, the Defendant: (a) received a request from the injured party for the issuance of a promissory note from the injured party U via T in a mutually unclaimed restaurant in Guro-gu Seoul; (b) delivered one promissory note as of March 3, 2012, which is KRW 53.7 million of the issuance of ENS Korea Co., Ltd.; and (c) borrowed KRW 20 million out of the discounted amount to the injured party if the said promissory note is discounted; and (d) received money from the injured party as a loan on the deposit account in the name of V, an infant of the Defendant.

However, the Defendant did not have any intention or ability to pay the above amount on the payment date of the Promissory Notes because of the financial situation at the time.

Ultimately, the defendant deceivings the victim, thereby deceiving 20 million won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by prosecution against U;

1. Copies of promissory notes;

1. Application of Acts and subordinate statutes to copies of deposits without passbook;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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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