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(영문) 의정부지방법원 2014.07.11 2014고단884
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A wanting to borrow money from the victim D, but it was anticipated that he would not borrow money from the victim because he borrowed money from the victim and did not repay money from the victim, and therefore, he would not borrow money from the victim. In the event that it was anticipated that Defendant B would not borrow money from the victim, Defendant B was able to borrow money from the victim as he borrowed money from the victim.

Accordingly, on December 20, 2010, Defendant B made a false statement that “If Defendant B borrowed KRW 20 million to the victim, Defendant B will complete the payment after 2-3 months” to the victim in Lestonsn in the operation of Defendant A, which is located in Jung-si, the Government of the Republic of Korea.

However, in fact, Defendant B did not receive money after 2-3 months, and only borrowed money from the victim upon Defendant A’s request, and Defendant A did not have any intent or ability to complete payment even if he borrowed money from the victim, since Defendant A had a debt of 20 million won or more at the time.

The Defendants conspired to induce the victim as such and received KRW 20 million from the victim’s account in the name of Defendant B.

Summary of Evidence

1. Defendants’ respective legal statements

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Each written statement of D (public prosecutor and police officer);

1. Application of the statutes on the copy of remittance receipt;

1. Relevant Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting an offense and the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which is the sentencing of the instant crime, cannot be deemed to be less than the nature of the crime, but on the other hand, the Defendants led to the confession and reflect in depth of the instant crime, all the Defendants wishing to take the Defendant against the Defendant, and the victim brought a loan claim suit against the Defendant B.

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