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(영문) 서울북부지방법원 2018.02.02 2017고정2310
사기
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant did not have any intention or ability to repay the money even if he borrowed the money from the victim B (or 56).

1. On January 10, 2016, the Defendant, at “D” coffee shop in Seoul C market, needs to pay money to the victim at this time due to the fact that the Defendant had defaulted.

On January 11, 2016, a party president paid KRW 5 million from the victim, stating that he/she shall pay the money that he/she has paid, as soon as he/she has paid the money that he/she has paid.

2. On January 12, 2016, the Defendant was issued KRW 4 million from the injured party on the part of the victim “E” in the part of the victim “E” located in the Youngdong Station Seoul Youngdong Station, stating that “Isn't have any transportation cost that Isn't have to return to the mother of her mother, so Isn't have to lend only KRW 4 million. Isn't want to return money to Is'k's o’s o’s o’clock.”

3. On January 22, 2016, the Defendant received one million won from the Defendant’s agricultural bank account (G) in the name of the Defendant, stating that “one million won shall be repaid immediately on the face of lending money to the victim working in the horse in Yeongdeungpo-gu Seoul Metropolitan Government.”

Accordingly, the defendant deceivings the victim and defrauds the victim a total of KRW 10 million over three times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (Submission of Materials by an complainant);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (a comprehensive determination of fines);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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