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(영문) 서울중앙지방법원 2015.06.08 2015고정1509
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On March 25, 2013, the Defendant was sentenced to two years of imprisonment for fraud in this Court. On June 1, 2013, the Defendant is a person who was under the trade name of a person for whom the judgment became final and conclusive, a “B”, and a “C” respectively.

On July 2012, the defendant said that "the defendant would provide a security and pay the principal within two months if he/she lends money to the victim D (the age of 29) in a place where the location is unknown."

However, while the defendant did not have any particular property or income at the time, the existing debt was paid in KRW 00,000, and even if the above house sales were to borrow money from the victim, there was no intention or ability to repay it.

Around August 14, 2012, the Defendant, by deceiving the victim as above, received a total of KRW 30 million from the victim to the account under the name of the Defendant and acquired it by deceiving the victim, by means of a total of KRW 15 million on two occasions, from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to judgments) and criminal records, etc. inquiry reports;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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

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

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