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(영문) 인천지방법원 2018.12.21 2018고정2382
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 February 2, 2018, the Defendant held that, in the mutual infinite coffee shop located in Dongjak-gu Seoul Metropolitan Government, the Defendant “I want to pay KRW 1100,000,000 per month interest on the principal and KRW 100,000 per month, if the Defendant borrowed only KRW 10,000,000 as the start-up funds are required, to pay in installments for ten months from the end of March 2018.”

However, in fact, the defendant did not intend to use the above loan as a start-up fund, and there was no intention or ability to repay the loan.

Nevertheless, around March 12, 2018, the member obtained the transfer of KRW 10 million from the injured party to the account number D in the name of the defendant from the Korea Cit Bank account number D in the name of the defendant and acquired it.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against C;

1. A complaint and a detailed statement of transactions;

1. Application of Acts and subordinate statutes to a criminal investigation report (to hear statements by an complainant), investigation report (to submit details of passbook transactions by a suspect, and confirmation of such details);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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