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(영문) 제주지방법원 2015.01.29 2014고정662
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant: (a) around September 13, 2013, at the “D” restaurant operated by the Defendant in the Northern-gu, Northern-si, Mapo-si, the Defendant loaned the victim E with the “D’s “D” restaurant for the purpose of changing the type of business, and the cost of purchasing the signboard and the water-bearing pipes necessary for changing the type of business; (b) the money will be repaid while operating the restaurant; and (c) in the event that it has failed to repay the restaurant, it

However, in fact, even if the above restaurant provided a security deposit and borrowed money from F, it did not notify it, and there was no ability to repay it even if it borrowed money from the victim.

Nevertheless, on September 13, 2012, the Defendant received from the victim each transfer of KRW 3.6 million from G to H’s account on the same day, KRW 600,000,000 won to H’s account on September 27, 2012, KRW 1 million to H’s account on September 29, 2012, and KRW 1 million to G account on October 2, 2012. On October 10, 2012, the Defendant received KRW 5 million from a police officer in cash and borrowed KRW 14.1 million in total on six occasions on six occasions, and paid KRW 2 million in cash and paid the remaining money, and thereby, took property benefits equivalent to KRW 12.1 million as the Defendant did not return the money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of E’s statement among the interrogation protocol Nos. 2 and 3 of the police against the defendant

1. Statement to E by the police;

1. A copy of each passbook transaction, a copy of real estate lease contract, a copy of the notice of assignment of claims, and application of each power of attorney;

1. Relevant provisions of criminal facts: Article 347 (1) of the Criminal Act;

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

1. A provisional payment order: A punishment shall be determined as ordered in light of the following circumstances: (a) the amount of damage not recovered from the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is 12.1 million won; (b) the first offender who has no record of criminal punishment; and (c) the relationship with the victim; and (d) the background of the crime; and (c)

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