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(영문) 인천지방법원 2015.12.24 2015고정3435
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

On May 201, the Defendant made a false statement that “The number of days for studal walbling walbling walbling walbling walbling walfs at the end of 201,” with the victim B at the end of 201, stating that “When investing KRW 10,000,000,000,000 per month, the Defendant would give a monthly interest to KRW 60,000,000 per month.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to pay the loan or to pay the interest of KRW 600,000 per month because he thought that it will be used as credit payment or director's expenses.

The defendant deceivings the victim as above, and around the 30th day of the same month, to the account of national bank in the name of C, a parent of the defendant, 10 million won, and to the same year.

6. Around 23.20 million won, a total of KRW 19.4 million was remitted to the same account on or around the 30.0 billion of the same month, and a total of KRW 4.4 million was acquired.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports (specific date of crime), investigation reports (Attachment of a receipt to deposit money for damage), investigation reports (Attachment of a reply to financial transaction information);

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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