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(영문) 서울북부지방법원 2013.12.12 2013고정1224
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On June 21, 2012, the Defendant phoneed to the Victim E Savings Bank (the representative F) Savings Bank located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and falsely concluded that “self-employed person operates the clothing manufacturing business of G while borrowing KRW 7 million as a business loan, he/she would deposit KRW 296,777 each month for 36 months if he/she borrowed from the business loan.”

However, the defendant did not operate G and did not have the intention or ability to repay the loan.

Nevertheless, the Defendant, as such, was issued KRW 7 million to the passbook in the name of the Defendant to the national bank in the name of the Defendant, by deceiving the victim as such, and believed to be true.

2. On June 22, 2012, the Defendant: (a) called the Victim I Co., Ltd. (Representative J) located in H in Jung-gu Seoul, Jung-gu, Seoul; and (b) by the aforementioned method, by deceiving that “I would operate G’s clothes manufacturing business; (c) I would deposit KRW 5 million with G for 36 months each month upon borrowing KRW 5 million as a business loan; and (d) received KRW 5 million from the victim who believed it as true to be a new bank passbook in the name of the Defendant.

Summary of Evidence

1. Each legal statement of witness K and L;

1. Application of Acts and subordinate statutes to the police statement of K and L;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Articles 70 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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