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(영문) 서울서부지방법원 2014.05.01 2013고정2964
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 10:35 on February 6, 2013, the Defendant made a false statement to the victim C that “The assets currently in the Republic of Korea intend to enter into a commercial building in the Dongdaemun-gu Seoul Metropolitan Government Office shall be the owner of the commercial building, and if all the assets are leased the down payment to the real estate, the commercial building will be sold by cattle and pigs if the commercial building is offered as security to the Agricultural and Livestock Cooperatives, and the slaughterhouse will pay interest of 20% after 15 days in addition to interest of 48 million won in the case of the slaughterhouse. However, even if the name D land is the owner of the building in the name of the owner of the building, the actual property will be offered as security.”

However, the defendant did not have the plan to purchase the commercial building in Southern-ju at the time, and even if he borrowed money from the victim because he did not own the above inside land, he did not have the intention or ability to complete the payment, and there was no intention or ability to provide the above inside land as security for the above loan.

The Defendant was given 40 million won in cash and checks from the victim’s seat.

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

Summary of Evidence

1. Defendant's legal statement;

1. Some of the interrogation records of the accused by the prosecution;

1. Each prosecutor's statement concerning E, F, C, and G;

1. A payment note, a cash payment note;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes to an investigation report;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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