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(영문) 수원지방법원 안산지원 2015.08.27 2015고정1269
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 17, 2013, the Defendant was sentenced to imprisonment with prison labor and two years and six months at the Seoul Central District Court for fraud, etc., and the judgment became final and conclusive on December 13, 2013.

The Defendant was a person who was seeking to operate a chain headquarters in the Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, and was aware of the victim C (the age of 59) who was found in his/her office and was living well for about 4 to 5 months;

1. On December 22, 2007, the “E” headquarters located in the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter “E”) concluded that the victim’s “E chain headquarters” was leased KRW 50 million to the victim. On the other hand, the victim’s “E headquarters” was used only for three months, and it would be repaid within three months with KRW 50,000,000,000 that shall be paid from each type.”

However, even if a person borrows money from another person, he/she did not have the intent or ability to repay the money, and even if he/she did not pay the money, he/she would have paid the money with the money to be repaid 50 million won, and he/she was paid 50 million won in cash from the victim.

2. Around July 10, 2008, at the office of the defendant relocated to G located near the Gwanak-gu Seoul Special Metropolitan City, the chain headquarters business success if the victim loans KRW 30 million to the chain headquarters. On the other hand, the chain headquarters business success. On the other hand, the amount of KRW 50 million and KRW 30 million to be repaid is changed.”

However, even if a person borrowed money from another person, he/she did not have the intention or ability to repay the money, and he/she received a cash of KRW 30 million on the pretext of the borrowed money as if he/she did not have the intention or ability to repay the money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. A certificate of cash custody and a letter of account;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, and other Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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