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(영문) 서울중앙지방법원 2014.06.27 2014고정809
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On June 17, 2011, at around 16:08, the Defendant made a false statement to the victim E (man, 46 years of age) in Gangnam-gu Seoul Metropolitan Government C, stating that “If there is a need to pay money, and if the Defendant lends KRW 5 million, he/she will repay it by the end of July 201.”

However, even if the defendant borrows money, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim for the purpose of borrowing money.

2. On July 15, 201, at the same place as Paragraph 1, around July 16:37, 201, the Defendant made a false statement to the victim E, stating that “The Defendant shall repay KRW 3 million,000,000,000,000,000,000,000,000,000 won

However, even if the defendant borrows money, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received money of KRW 3 million from the victim to the bank account of a person F as designated by the Defendant for the purpose of borrowing money in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

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

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