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(영문) 수원지방법원 성남지원 2017.01.18 2016고정1241
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 7, 2014, around March 7, 2014, the Defendant made a false statement to the effect that “If the Defendant borrowed KRW 500,000,000 to the victim E of the D Job Placement Office located in Gangdong-gu Seoul Metropolitan Government, the Defendant would pay for the interest amounting to KRW 150,000 per month, and the principal would be repaid after three months.”

However, the defendant did not own property at the time, and even if he borrowed money from the injured party due to the lack of clear sources of revenue, he did not have the intention or ability to complete payment

The defendant deceivings the victim as above and received 4,500,000 won from the injured party as the loan.

2. On September 30, 2014, the Defendant committed a crime around September 30, 2014: (a) around 49-5 Dong-dong, Gangdong-gu, Seoul, Seoul, 49-5 Dong-dong, 101, Dong-dong, 101, Dong-dong, Gangdong-gu; (b) the victim E lacks the cost of goods from human test construction.

Along with a loan of KRW 2 million, a false statement was made to the effect that the Corporation would pay the money immediately as the Corporation ends.

However, the defendant did not own property at the time, and even if he borrowed money from the injured party due to the lack of clear sources of revenue, he did not have the intention or ability to complete payment

The defendant deceivings the victim as above and received 1,000,000 won from the injured party as the loan, i.e., the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A certificate of borrowing and a certificate of cash custody;

1. Application of Acts and subordinate statutes to investigation reports (A-Use Account Analysis);

1. Article 347(1) of the Criminal Code for the crime in question;

1. Selection of a selective fine for punishment (the amount of a fine on a summary order shall be reduced in consideration of the fact that approximately KRW 2.67 million has been repaid as interest, the circumstances leading to the occurrence of the payment, the circumstances after the crime, etc.);

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

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

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

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