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(영문) 대구지방법원 2015.10.02 2015고정1174
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. Around July 2014, the Defendant against the victim C made a false statement to the victim C at the fourth floor office located in Daegu-gu Dong-gu, Daegu-gu, stating that “The Defendant borrowed KRW 500,000,000,000,000,000,000,000,000 won, which is an expert in stock investment, is considerably high, and the return rate is paid after

However, in fact, although the Defendant was planning to make a stock investment with the borrowed money from the victim C, there was no professional stock investment. From around 2013, the Defendant commenced a stock investment from around 120 million won and the amount of loss was approximately KRW 120 million, and there was no property owned by the Defendant at the time of borrowing the money from the victim C, and there was no possibility of receiving the payment from the victim C, so there was no intention or ability to return the principal if the Defendant is deemed to have suffered loss from the loan of the money from the victim C.

Nevertheless, as seen above, the Defendant, as well as the victim C by deceiving the victim C and received KRW 500,000 from the victim C on the same day from that date to September 15, 2014, received a total of KRW 5,960,000,000 from the time to September 15, 2014.

2. On August 2014, the Defendant, at the same place as the early police officer, by deceiving the victim E in the same manner as the preceding paragraph, and then received KRW 600,000 from the victim E on the same day from the same place. From that point to September 16, 2014, the Defendant acquired KRW 60,060,00 in total five times from that point to September 16, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of a copy of the real estate register, a copy of each notarial deed, a copy of each passbook transaction, and a copy of a passbook receipt account;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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)1 of the Criminal Act for the detention of a workhouse;

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