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(영문) 서울중앙지방법원 2017.09.12 2017고정1247
사기
Text

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

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

Reasons

Punishment of the crime

On July 2013, the Defendant, at the office of the Defendant located in the C Station located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on July 2013, borrowed money to the victim D with interest of at least 7% per month and return the principal after the end of tin.

“Along with the false statement, the sum of KRW 19.4 million was transferred on July 30, 2013 from the injured party to the Agricultural Cooperative account under the name of the Defendant, and until September 25, 2013, as shown in the List of Crimes, to the total amount of KRW 1,9.4 million, as shown in the List of Crimes.

However, the Defendant did not have any special property at the time, and the Defendant did not have any intent or ability to promise to pay interest and principal, even if he/she borrowed money from the damaged party due to pressure of funds due to the smooth revolving of the funds for the livestock products distribution business operated.

Accordingly, the Defendant, as such, obtained a total of KRW 19.4 million by deceiving the victim.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of each police officer against the defendant or E;

1. Statement made by the police against D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to a copy of a written agreement, a copy of a loan certificate, or a warrant reply;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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