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(영문) 서울서부지방법원 2015.08.13 2014고정2295
사기
Text

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

Around September 16, 2008, the Defendant: (a) at D Dda located near Eunpyeong-gu Seoul Metropolitan Government, the victim E asked “on the ground of Namyang-ju; (b) the victim who is unable to believe it is an open-end box; and (c) the victim took the victim into the land of Namyang-ju; and (d) the victim took the land of Namyang-ju; and (c) the victim took the part of the profit by taking part of the profit, such as the scrap metal funeral. On October 1, 2008, the Defendant continued to borrow money from the above D D D D to pay the money “on the basis of the previous loan”, “on the other hand, the victim would pay the money together with the previous loan.”

However, the defendant is a bad credit holder since 1980, and even if he borrowed money from the victim, he did not have an intent or ability to make an investment in the scrap metal business or to pay the principal and interest within a given period.

Nevertheless, the Defendant received a total of KRW 10 million, including KRW 6 million around September 16, 2008 and KRW 4 million around October 1, 2008, from the victim, and acquired it as a borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of each certificate of borrowing (in accordance with Acts and subordinate statutes, No. 11, 12 pages of investigation records);

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

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

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