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(영문) 서울동부지방법원 2013.05.23 2012고정2314
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

Around July 18, 2006, the Defendant, at the “D coffee shop” operated by the Defendant in Songpa-gu Seoul Metropolitan Government, did not have any intent or ability to repay the said coffee shop even if he borrowed money from the victim E because of the lack of sales of the said coffee shop, and the money borrowed from the victim was considered to be used as the operation expenses of the said coffee shop, and even if the victim was to have made an investment to his friendship and made a big profit within three months, the Defendant would pay the principal and interest to the victim. It would be more than twice if well, the Defendant would be able to borrow 25 million won immediately from the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of the Acts and subordinate statutes to letters, copies of bankbooks, and printed matters;

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

1. Articles 70 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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