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(영문) 서울동부지방법원 2016.07.07 2016고단606
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On February 14, 2012, the Defendant made a false statement to the effect that “The Defendant would immediately import and sell agricultural products and make repayment without a mold, if it is short of funds to import and sell agricultural products, in order to lend KRW 30 million to the victim F (the age of 55) that is located near the E Indoor Golf Practice Center in Songpa-gu Seoul.”

However, in fact, the defendant was punished for the business of importing and selling chip in China around July 201, and there was no particular property or income, and even if he borrowed money from the injured party, there was no intention or ability to use it as business fund.

The Defendant, as such, by deceiving the victim, was killed of the Defendant on February 15, 2012 from the damaged party.

G received KRW 20 million in the name of the national bank account (Account Number H) in the name of the loan.

Summary of Evidence

1. The respective legal statements of F and G;

1. Statement of F in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. Application of remittance certificates, the details of each Stockholm conversation, the details of financial transactions, and the Acts and subordinate statutes of the personal credit report;

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

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

1. The defendant's assertion on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act does not mean that the defendant borrowed money from the victim with the income of agricultural products, and the above money is not established as a crime of fraud since the victim, who was friendly, used money and provided money to the defendant without compensation.

According to the above evidence, the defendant and the victim came to know while entering the same golf course from August 201, 201, and the victim was the person of the defendant at the time.

G Account shall be used.

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