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(영문) 서울북부지방법원 2013.09.05 2013고정713
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is between the victim B and the D Middle School Dong in Youngnam-gun C.

On June 11, 2009, the Defendant made phone calls to the victim and made a false statement to the effect that “only lurg with money being used, and the apartment is leased KRW 2 million in the face of the sale of the apartment.”

However, even if the Defendant sold an apartment, there was no money remaining when the Defendant excluded the Defendant’s bank obligations and the obligation of deposit money, and there was no other specific property, so there was no intention or ability to repay the money borrowed from the victim.

On June 11, 2009, the Defendant received KRW 2 million from the victim as the borrowed money from the victim and received KRW 12,875,000 from around that time to March 26, 2010 in total eight times as indicated in the list of crimes in the annexed list of crimes.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Application of Acts and subordinate statutes to a copy of a deposit account statement;

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

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

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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