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(영문) 인천지방법원 2015.01.16 2014고정3174
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in a new aquaculture business.

1. On April 6, 2009, the Defendant made a false statement to the effect that, even if he/she invests in a new type of business by lending money from the victim, he/she did not have any other property if he/she failed to engage in a new type of business, such as the closure of a new type of business, and even if he/she did not have an intent or ability to repay money from the victim, he/she did not have any other property, and that he/she would have an intention or ability to repay money from the victim. The Defendant may lend money of KRW 3 million because he/she needs to pay money, such as feed payments, to which he/she did so. It is possible to fully repay four million won, regardless of the new form of money, including interest from October 30, 2009, which is six months later.

As above, the Defendant, by deceiving the victim as above, obtained 3 million won from the victim as a loan, and acquired it by fraud.

2. On June 4, 2010, the Defendant made a false statement to the same purport as the above paragraph (1) at the same place as the above paragraph (1) and acquired it by acquiring KRW 1 million from the said victim.

Summary of Evidence

1. The defendant's partial statement in court (the third trial date);

1. Legal statement of witness E;

1. Some police suspect interrogation protocol against the defendant;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

1. Articles 70 (1) 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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