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(영문) 의정부지방법원 고양지원 2013.06.20 2013고정428
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant knew that C(55 years of age, South, and North) who was the complainant’s possession, intends to borrow money as security for the property of the Republic of Korea, Japan-dong, Busan-gu, and three parcels of real estate owned by the complainant, and had the complainant E borrow money, and the complainant borrowed KRW 2 billion from E on the condition that the complainant will pay interest of KRW 20 million every month on the due date of repayment of one year.

On December 2, 2011, the Defendant sent KRW 120,000,00 to the head of Tong in the name of the spouse E in the name of the non-party F in the name of the non-party F.

However, in fact, E does not have any fact that the complainant requests advance interest, and F is the spouse of the defendant who is not the E.

Nevertheless, the Defendant, by deceiving the complainant as above, received KRW 120 million from the complainant to the national bank account (G) in F under the name of the complainant as a prior interest and received KRW 120 million from the complainant and received financial benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes governing deposits without passbook;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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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