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(영문) 서울중앙지방법원 2013.12.19 2013고정5626
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Even if the Defendant borrowed money, the Defendant did not have the intent or ability to repay the money, and if he borrowed 10 million won from a certified judicial scrivener office located in Jung-gu Seoul Metropolitan Government on August 26, 2008 to the victim C, 5 million won per day shall be repaid 60,000 won per day, and the remainder 5 million won shall be repaid in installments every month with the interest of 3% per month for one year.

‘Falsely speaking, it was obtained 10 million won by cash and check from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Second suspect interrogation protocol of the accused (including the C substitute part) by the police;

1. Application of the police protocol law to C

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 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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