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(영문) 의정부지방법원 고양지원 2013.10.18 2012고정1719
사기
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates a art education institute.

On April 6, 2011, the Defendant: (a) at the Art Research Institute operated by the Defendant, which was located on the second floor in Gyeyang-gu, Gyeyang-gu, Seoul; (b) provided that “A victim D would be repaid up to July 31, 201 if he/she borrowed KRW 10 million; and (c) paid interest on KRW 10 million to the Defendant’s bank account.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to repay the borrowed money by the deadline for the above repayment.

Nevertheless, the defendant, by deceiving the victim, received KRW 10 million from the victim and acquired it by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Application of Acts and subordinate statutes to the statement of part of the suspect interrogation protocol (including the statement of part of D) to the defendant and E by the prosecution

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Penalty fine of 2,00,000 won to be suspended;

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

1. Article 59(1) of the Criminal Act (Article 59(1) of the suspended sentence (Article 59(1) of the Criminal Act provides that there is room to view that the method or degree of deception of this case is relatively poor compared to other fraudulent matters, and the victim may also be deemed to have lent money to the defendant in a timely manner; taking into account various circumstances shown in the

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