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(영문) 수원지방법원 성남지원 2013.05.24 2013고정528
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant operates the “Crata” and the victim D is cleaning the place.

1. Notwithstanding the fact that the Defendant borrowed money from the victim even though it is difficult to obtain money due to the difficulties in business and administration, the Defendant made a false statement to the victim, “if he/she lends money to the victim in need of the cost of friendship or operation, he/she will repay it after two months,” and then he/she received three million won from the victim.

2. Around August 27, 2009, the Defendant continued to borrow money from the victim at the above place, stating that “I will pay the funds to the victim when I lend the funds above,” and immediately that money was obtained from the complainants and acquired by deceptioning KRW 2 million.

3. Although the Defendant did not have the ability of allowing the victim to receive employment insurance, the Defendant, in the street of the Seo-gu Office located in Seo-gu, Seo-gu, Incheon, Seodong from January 10, 2010 to January 20, 2010, concluded that “the Defendant changed the cost of making employment insurance available” to the victim, and obtained KRW 1,200,000 from the victim three times through fraud and acquired it by defrauded.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 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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