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(영문) 서울서부지방법원 2015.01.30 2014고단2269
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

At around 14:00 on November 6, 2013, the Defendant stated that “G company” office in Gangnam-gu Seoul, Seoul, where the victim F of the fourth floor victim in the Gangnam-gu, “G company” had been employed and repaid for two months that it is urgently needed to expand the HA operated by his wife in the U.S. along with his fraud, and that “if it is impossible to repay, it shall be preferentially repaid with retirement pay, and if it is impossible to repay, it shall be immediately transferred the ownership of the apartment and the land located in the river at the time of the unredeemed,” and said, the Defendant would have repaid the obligation by establishing a collateral mortgage on the said real estate.

However, the Defendant did not use the borrowed money from the victim for H funds operated by his/her father, but intended to use it for repayment of his/her personal debt, and had already been liable for 330 million won, and there was no intention or ability to repay the money from the victim because the prior mortgage was established on real estate during the period of establishing the collateral security for the victim.

Ultimately, the Defendant, as seen above, made a false statement to the victim, and received from the victim the sum of KRW 48 million around November 6, 2013, and KRW 50 million around November 7, 2013, around the following day, from the Defendant’s bank account in the name of the Defendant.

Summary of Evidence

1. Legal statement of witness F;

1. Partial entry of the suspect interrogation protocol against the defendant;

1. Application of Acts and subordinate statutes to accusations, cash loan agreement, details of deposit transaction, individual rehabilitation application, decision-making by the Seoul Central District Court, certified copy of real estate register, and appraisal report;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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