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(영문) 수원지방법원 성남지원 2016.07.14 2016고단79
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On February 2, 2012, the Defendant made a false statement to the victim F at the law firm E office located in Seongbuk-gu, Seongbuk-gu, Sungnam-si, stating that “The Defendant is in charge of the receipt of insurance proceeds in Korea, and there is a need to pay money, and because there is almost little end, the Defendant would immediately pay money if he/she lends money.”

However, even if the Defendant borrowed money from the injured party, it was intended to use it as personal debt, living expenses, etc. The Defendant had no intention or ability to repay the money even if he borrowed money from the injured party because it was in excess of the obligation, such as lending the amount of KRW 27 million from the lending company and the son at the time.

Nevertheless, around February 28, 2012, the Defendant received a total of KRW 57 million from that time to that of a post office G account under the name of the Defendant, from that time, from that time to August 2, 2012, and acquired the money by transfer of KRW 57 million through a total of nine times, such as the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (including the payment of a part of the amount and the agreement with the victim);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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