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(영문) 서울서부지방법원 2018.07.18 2018고정65
사기
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

The Defendant, around June 18, 2012, is the “E” operated by the Victim D in Yongsan-gu Seoul Metropolitan Government, and the fact is that even if it is difficult to use the monthly rent and public charge of the house living in one million won as a security deposit, there is no property or income, and even if it is borrowed money due to there is no intention or ability to repay it, the Defendant would receive a security deposit of KRW 10 million from the victim even if he/she was given a loan to the victim with cash service with the credit card of his/her living together with the victim, even if he/she was paid or paid it immediately with the cash service with

“Falsely speaking, it received KRW 1,50,000 from the injured party to the national bank account as a loan, as well as from around that time to November 14, 2013, a total of KRW 1,233,00,000,000 from around seven times, such as the statement in the list of crimes in attached Form.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement protocol of the police with regard to D (17 pages of the investigation records);

1. Application of Acts and subordinate statutes to certificates of deposit transactions (Korean banks and Saemaul credit cooperatives);

1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act (including frauds described in Nos. 2, 3, and 4 of the List of Offenses), each of the choice of fines for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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