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(영문) 서울중앙지방법원 2015.01.29 2014고단7094
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around November 9, 2010, the Defendant made a false statement that “If he/she lends KRW 20 million to 34 years of age, he/she shall pay interest at 30% per annum to 30%,” and the principal shall be repaid until March 9, 2011, in the vicinity of the Dongdaemun-gu Seoul Dongdaemun-gu Seoul Dongdaemun-gu “Cheongyang-gu,” around November 16, 201.”

However, the Defendant, at the time, was liable for approximately KRW 130 million, and there was no intention or ability to repay the amount properly even if the Defendant borrowed money from the victim as it was difficult to use it as a bond interest payment due to the lack of economic circumstances to the extent of KRW 1.6 million per day.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim.

2. Around April 29, 2011, the Defendant made a false statement to the effect that the Defendant would repay the principal including KRW 20 million prior to the loan of KRW 13:30,000 to the said victim on April 29, 201.

However, even if the defendant borrowed money from the victim due to the circumstances such as the above 1, he did not have the intention or ability to pay it properly.

The Defendant, as such, by deceiving the victim, was remitted to KRW 10 million from the victim.

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination record of suspect;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the defendant at least as it is clear that the defendant was unable to repay money by the agreed date at the time of borrowing, comprehensively taking account of the copy of the loan certificate, the statement of passbook transaction and the statement of financial transaction (the defendant at the time of borrowing the above-mentioned evidence, and thus, it can be recognized that the defendant was guilty

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The reasons for sentencing of Articles 37, 38, and 50 of the Criminal Act among concurrent crimes are as follows.

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