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(영문) 서울중앙지방법원 2017.11.08 2017고정1428
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 10, 2010, the Defendant lent KRW 15 million to the victim C at a mutually influence store located in the Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul, with the interest rate of KRW 1.5 million until November 30, 201.

“.......”

However, even if the defendant, as a recipient of basic living benefits, borrows money from the damaged person due to economic difficulties due to the lack of any special income, he/she did not have the intent or ability to change it within the agreed period.

Nevertheless, the Defendant, by deceiving the victim as above, acquired the victim with a single original right of KRW 10 million from the injured party, and a total of KRW 15 million from one original right of KRW 5 million from the previous one.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. Application of statutes on a copy of a custody certificate, details of transactions of Samsung Securities Account, and current status of the disposal of Samsung Securities;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 186 (1) of the Criminal Procedure Act involving Costs of Trial;

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