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(영문) 광주지방법원 순천지원 2013.05.24 2013고정369
사기
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

The defendant is a person engaging in food service who works for a multiple kitchen.

around July 2010, the Defendant was aware of the victim D (the remaining 59 years of age) who was found to be a customer in the "Cjuk-gun B, Jeonnam-gun, Seoul, which he had operated."

1. On January 20, 201, the Defendant received KRW 1,00,00,00 from the victim who believed that he/she shall repay the borrowed money to the victim despite having no intention or ability to do so even if he/she borrowed money from the “Cju” located in Seoul-gun, Seoul-gun, the Defendant borrowed money, and received KRW 1,00,00 from the victim who believed that he/she would repay the borrowed money to the agricultural bank account in his/her name.

2. On January 21, 201, the Defendant received ten copies of a cashier’s check issued by post office 1 million won on the part of the trusted victim, stating that “The Defendant would immediately repay if he/she borrowed money from the “Cju” located in Seoul-gun, Seoul-gun, despite that he/she did not have any intent or ability to complete payment,” and that he/she would have borrowed money only 10 million won as he/she would have to retire and take over the restaurant.”

3. On January 21, 201, the Defendant: (a) borrowed money but did not have any intent or ability to complete payment; (b) borrowed money to take over a “Ecafeteria” in the interest of the victim; (c) borrowed money from the victim who believed that he/she would be able to bring the name of the restaurant in the future; and (d) withdrawn or transferred KRW 13.5 million from the victim’s name, i.e., the agricultural bank passbook (F) and password on seven occasions, such as the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A certificate of borrowing;

1. A detailed statement of ordinary deposits transactions;

1. Application of Acts and subordinate statutes to a copy of the statement of withdrawal transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act is the first offender of the suspended sentence and the mistake.

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