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(영문) 서울중앙지방법원 2014.07.08 2014고정2772
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On October 28, 2008, the Defendant made a false statement to the victim B that “it is necessary to operate the restaurant. If the Defendant borrowed KRW 10 million, the Defendant would have repaid as sold in the Pream of Gangwon-do.”

However, there was no proper progress for the above prior sale, and even if the money was borrowed from the victim with no property in the name of the defendant, there was no intention or ability to repay the money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the account under the name of the Defendant on the same day.

2. On November 4, 2008, the Defendant made a false statement to the effect that “Around November 4, 2008, the Defendant would pay a total amount of KRW 10 million,00,000,000,000,000,000,000,000,000,000 won, which was previously lent to the Defendant’s office of the Defendant to a restaurant, to return the principal amount of KRW 30,000,000,000,000 for three months after the three months.”

However, at the time, the defendant is difficult to operate the restaurant which is operated by the revenue source, and even if he borrowed money from the victim because he did not have any property in the name of the defendant, he did not have the intention or ability to pay the principal at the time.

Nevertheless, the Defendant deceivings the victim as above and received KRW 20 million from the victim’s account in the name of the Defendant’s wife on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol (2, 3 times) (E and D statements) of the accused;

1. Each police statement concerning B;

1. A certificate of borrowing;

1. Details of admission and withdrawal bankbooks;

1. Application of each detailed Act and subordinate statutes;

1. Article 347(1) of the Criminal Act (Selection of Fine) concerning the relevant criminal facts and the choice of punishment;

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