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(영문) 서울중앙지방법원 2013.10.31 2013고정4461
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around February 14, 2012, the Defendant: (a) borrowed money from Seoul, Gangnam-gu, Seoul, 401; (b) the Victim C, despite having no intent or ability to repay, the Defendant, despite having no intent or ability to pay the money; (c) provided that “I would make a payment after three days if I would have to pay the money, and would have to do so. I would like to lend money to the victim.” (ZP800) so I would make a false statement that I would not pay the money; and (d) then I would have remitted money KRW 9 million from the victim; and (e) around May 21, 2012, the Defendant would sell the money to the victim at the above place as seen above, “I would have to pay the money; and (e) would have to receive KRW 8 million from the victim’s money to be repaid until May 26, 2012; and (e) would have to receive KRW 37 million from the victim’s money to be remitted.”

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the accused by the prosecution (including the statement part ofC);

1. Statement by the prosecution against C;

1. Application of Acts and subordinate statutes to remittance receipt, notarial deed, cash storage certificate, certificate of automobile transfer, and angle of vehicle abandonment;

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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