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(영문) 서울동부지방법원 2013.07.10 2013고단299
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 shall be paid.

Reasons

Punishment of the crime

On November 26, 2008, the Defendant was sentenced to two years of imprisonment for fraud at the Seoul Southern District Court, and the judgment became final and conclusive on February 26, 2009.

Around June 2007, the Defendant stated that “A victim E has a good investment place, and 10% of profits comes from 3 weeks, and if the Defendant borrowed money, 10% of the principal will be paid more within 3 weeks,” at the D office located in Yeongdeungpo-gu Seoul Metropolitan Government.

However, even if the defendant borrowed money from the victim because of excessive debt, he did not have the intention or ability to repay it.

Nevertheless, on June 21, 2007, the Defendant received 10 million won as a loan from the victim on the above false statement.

Accordingly, the defendant deceivings the victim and received money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A certificate and a receipt;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (previous records and investigation reports);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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