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(영문) 서울동부지방법원 2015.07.03 2015고정675
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

At around 14:00 on May 26, 2014, the Defendant made a false statement that “If he/she has to pay 10,000,000 won with money borrowed from his/her father-gu in Gwangjin-gu Seoul Special Metropolitan City, he/she would have to pay 10,000 won interest every month after deducting 1,00,000 won from the preference of the prior interest, and he/she will pay 1,00,000 won for each month on October 20, 2014.”

However, at that time, the defendant was not well in the beauty room business, and since the existing debts amount to about KRW 300 million, there was no intention or ability to repay the above even if he borrowed money from the victim.

The Defendant received KRW 9 million from the victim, deducting the interest of KRW 10 million from the borrowed money of KRW 10 million.

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

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement made to D by the police;

1. Notarial deed of a monetary loan for consumption, and a statement of payment;

1. Application of the Acts and subordinate statutes on details of transactions in a bankbook (16 pages of investigation records);

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 (1) 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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