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Reasons
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(영문) 수원지방법원 여주지원 2017.03.31 2016고단1500
사기
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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 December 2, 2015, the Defendant lent KRW 30 million to C, but hearing the question that C had a large amount of debt, and around February 2016, the Defendant concluded that C lent KRW 30 million that C lent to D before he/she performed money play, and that “I would immediately lend KRW 100 million if he/she repaid KRW 30 million.”

Accordingly, C believed the Defendant’s horse and stated to the victim E that “I will pay KRW 32 million by paying interest on the loan of KRW 100 million from the Defendant.”

On February 24, 2016, the Defendant: (a) from “G” operated by “G”, “C,” and “H,” as well as “A may immediately lend KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, the facts did not think that the defendant would receive KRW 30 million that he lent to C, and even if he would receive KRW 30 million through the victim, he did not think again that he would lend KRW 100 million to C.

Defendant deceiving the victim as above and transferred KRW 30 million to the Agricultural Cooperative Deposit Account (J) in the name of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the defendant's statements E and C among the suspect interrogation protocol against the defendant

1. A protocol concerning the interrogation of suspect C by the police;

1. Each police statement made to E and H:

1. Application of Acts and subordinate statutes on loan certificates and financial data replys;

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

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

1. The defendant's reason for sentencing of Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is against the victim who is willing to receive a return of KRW 30 million, which is not repaid by C.

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