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(영문) 전주지방법원 군산지원 2017.04.12 2017고정34
사기
Text

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

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

Reasons

Punishment of the crime

On October 22, 2015, the Defendant requires KRW 10,000,00,00 for rent deposit, premium, etc. to the victim B in the coffee shop located in the New-dong, Yasan-si, Yasan-si, Yasan-do.

When lending money to another person, he/she provided a false statement that he/she would receive money from another person, or that he/she would receive a loan from a start-up or alcoholic beverage company for viewing.

However, in fact, the Defendant did not immediately receive money from another person’s obligation, and the amount of alcoholic beverages supplied is small so that the Defendant could not obtain a loan from the liquor company, and there was no intention or ability to repay the borrowed money to the victim as agreed by applying for a loan for the pre-sale store with a view to viewing.

Ultimately, on October 23, 2015, the Defendant was transferred KRW 1 million to the Saemaul Treasury Account (E) in the name of the Defendant, and KRW 4 million to the same account on October 24, 2015.

On October 30, 2015, the Defendant continued to call to the victim at the Saemaul Treasury located in the Southern-si, Chungcheongnam-do, Seoul Special Metropolitan City, Chungcheongnam-do and then transferred KRW 5 million to the victim, “The amount of KRW 10,000,000,000,000,000 which was promised to lend to the third party, is additionally required, and the amount of KRW 7,000,000 is additionally required. If the Defendant did not lend this money, the amount of KRW 5,00,000,000,000,000,000,000,000,000 won was transferred from the victim’s account from tin to the same account.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to the details of transactions of deposit and withdrawal, and the results of transfer;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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

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