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(영문) 창원지방법원 진주지원 2015.01.21 2014고정456
사기
Text

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

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

Reasons

Punishment of the crime

On November 2009, the Defendant, at the office of the victim C located in Jinju-si, Jinju-si, 2009, lent KRW 5 million to use the land as a flag or a flag, and sold the land as a flag, he would complete the borrowed money.

However, the defendant did not have any intent or ability to repay the borrowed money.

The Defendant, as such, by deceiving the victim, received KRW 5 million from the victim for the purpose of borrowing money from the victim around that time, and received KRW 2 million for the purpose of borrowing money as above in December 2009, and received KRW 1.5 million for the purpose of living expenses, etc. from December 1, 2009 to April 1, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. A complaint;

1. Application of Acts and subordinate statutes to a loan certificate;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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