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(영문) 의정부지방법원 고양지원 2013.08.22 2013고단59
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant, around September 8, 2006, borrowed 50,000 won to the victim even though he/she did not have the intent or ability to fully repay money from the victim He/she borrowed money from the G Elementary School located in Jung-gu Seoul, Jung-gu, Seoul, but he/she did not pay 50,000,000 won to the victim. The defendant will pay 5% interest each month.

‘Falsely speaking, the victim received KRW 40 million from the victim to the bank account of the defendant on November 8, 2006, including remittance of KRW 5 million from November 1, 2006, KRW 1.3 million on December 1, 2006, KRW 1.4 million on December 2, 2006, KRW 1.4 million on December 10, 2006, KRW 1.4 million on December 1, 2006, KRW 1.5 million on December 30, 2006, KRW 1.5 million on December 30, 2006, KRW 2 million on January 20, 2007, and KRW 57.2 million on May 21, 2007.

Summary of Evidence

1. Legal statement of the witness H;

1. The statement of H among the interrogation protocol of the accused prepared by the public prosecutor (third time);

1. H statements made by the accused in preparing a protocol of examination of the accused acting for the prosecutor;

1. The protocol of prosecutorial statement concerning H;

1. Statement of the police statement related H;

1. Application of H’s written Acts and subordinate statutes;

1. Determination on the assertion of the Defendant and the defense counsel under Article 347(1) of the Criminal Act concerning the relevant criminal facts

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