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(영문) 서울동부지방법원 2017.08.30 2017고정792
사기
Text

Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. The Defendant in collusion with C on November 5, 2015, at the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government D around November 5, 2015, “C shall hold a general meeting of the apartment redevelopment association located in the original state” with the victim E as the expenses incurred in opening the general meeting of the association are insufficient, and the KRW 180 billion should be repaid when the general meeting is executed.

“Falsely speaking,” and the Defendant would lend KRW 2 million to the victim “C” at least 10,000 after 10,000,000,000 to the victim.

“A false representation was made.”

However, the defendant and C did not have the intention or ability to repay the money even if they borrowed the money from the injured party.

The Defendant and C received KRW 2 million from the injured party to the KEB bank account in the name of the Defendant around November 5, 2015.

2. At the office of the above Defendant around November 12, 2015, the Defendant conspired with the Defendant and C borrowed the victim E “C any more than one million won prior to its lending.”

Further to 2 million won, 6 million won will be paid 100,000 won after 10 days.

“A false representation was made.”

However, the defendant and C did not have the intention or ability to repay the money even if they borrowed the money from the injured party.

On November 12, 2015, the Defendant and C received KRW 1 million from the injured party to the KEB bank account in the name of the Defendant.

As such, the defendant and C acquired a total amount of 3 million won by deceiving the victim in collusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The loan certificate;

1. Application of Acts and subordinate statutes on trading;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

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

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