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(영문) 수원지방법원 여주지원 2014.02.10 2013고단1087
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

On August 26, 2009, the Defendant stated, “If the Plaintiff lent money as security, at the coffee shop located in the Chang-dong, Leecheon-si, Leecheon-si, that “If the business funds of Schlage D, the representative director of which is in the Republic of Korea, are required, the Defendant would immediately transfer Schlage to another person and repay the borrowed money.”

However, at the time, the Defendant had already been obligated to pay KRW 160 million, and the lease deposit that could be refunded from the lessor at the time of the termination of the lease due to the delayed payment of the rent of the said Schlage was not a KRW 40 million. Since the Defendant was thought to have received the refund of the lease deposit after the termination of the lease, there was no intention or ability to provide the victim with the right to claim the refund of the lease deposit as security by means of normal transfer.

Nevertheless, the Defendant prepared a certificate of borrowed money and a contract for the transfer and acquisition of bonds with the victim, and received KRW 28 million from the Agricultural Cooperative (E) account in the name of the Defendant on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Statement of each police statement related to C and F;

1. Contracts for transfer and takeover of bonds;

1. A building lease contract;

1. A statement of performance;

1. A certificate of borrowing;

1. Notice of assignment of claims;

1. A copy of a bankbook;

1. A certificate;

1. Full amount of the registration of the corporation;

1. A list of accounts transactions;

1. A credit information inquiry statement;

1. A certificate;

1. A copy of a protocol of compromise (to be made by the Cheongju District Court No. 2013 Ghana2821);

1. A reply to a notice of assignment of claims;

1. Application of Acts and subordinate statutes on a copy of passbook;

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;

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

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