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(영문) 인천지방법원 2013.06.21 2013고정1898
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 29, 2012, the Defendant rendered a false statement that “A” book of the Victim C’s Operation “D” located in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Seoul and received the documents of loan with the right to borrow as collateral, but the loan was set out three days later, and if the loan is extended due to the need for urgent money, the loan would immediately be repaid.”

However, there was no prospect for the loan to be paid within a few days since the loan was decided to be implemented, and even if there were many other obligations to be paid urgently even if the loan was made, there was no intention or ability to pay the loan even if it was borrowed money from the victim because there was a lot of other obligations to be repaid urgently.

The Defendant, by deceiving the victim as above, received KRW 7,00,000 from the victim to the account in the name of E on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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