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(영문) 의정부지방법원 고양지원 2016.07.15 2016고정342
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

The Defendant, around November 2012, at the C cafeteria located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Busan, the end of November 2012, 201, false statement was made to the victim D, stating, “The Defendant would be able to have the victim obtain a loan of KRW 3 billion more than the first financial rights because he/she worked as the head of a branch office affiliated with Solomon Savings Bank’s several branches located in Solomon Savings Bank.”

However, the fact that E did not have worked as a branch of the above Savings Bank, and the defendant did not have the intent or ability to allow the victim to receive a loan even if he did not receive money from the victim because he thought that he would use the money as debt repayment and entertainment expenses.

On December 26, 2012, the Defendant received KRW 20 million from the damaged party to the post office account under the name of the Defendant, and received KRW 22 million in total as loan expenses, around January 5, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquire about details of filing of complaints and liquidity transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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