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(영문) 서울서부지방법원 2016.07.14 2016고정428
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

On March 26, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Western District Court on March 26, 2013, and the said judgment became final and conclusive on March 27, 2013, and was operated in Eunpyeong-gu Seoul District Court (State) B.

The Defendant: (a) the lack of operating funds to operate a business and preventing a cash check or bill discount issued in the name of C and from returning it to the above discount; and (b) even if the Defendant borrowed money from the injured party, the Defendant did not have any intent or ability to repay it; (c)

A. On May 30, 2008, the victim deceiving D of the victim that "a business loan of KRW 50 million to the victim due to a shortage of business funds. If the business is well being operated and the customer is also a large number of clients, the principal will be returned to him/her," and the victim was delivered KRW 50 million from the victim in cash;

B. On November 23, 2009, around November 23, 2009, around three-party loaned to the victim with three-party interest rates, and a member deceivings the victim to repay the loan after two-months, and received KRW 51,70,000 from the time of the above damage to February 8, 2010.

Accordingly, the defendant obtained a total of KRW 11.7 million from the damaged person on four occasions and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (including a copy of a passbook attached thereto);

1. Investigation report (Submission of a detailed statement of bank that is the complainant);

1. Additional evidential data (data submitted by DNA by facsimile and the fact of damage);

1. A copy of complaint, loan certificate, or promissory note;

1. Previous conviction: Application of a written inquiry about criminal history, and the text of the judgment;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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