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(영문) 서울북부지방법원 2016.04.08 2016고정297
사기
Text

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

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

Reasons

Punishment of the crime

On August 9, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Northern District Court, which was sentenced to two years of suspension of execution, and the judgment became final and conclusive on August 17, 2012.

On June 30, 2011, the Defendant found a head of “C” in Seoul Jung-gu, Seoul, and operated the head of the above head of the office, thereby making profits if he purchases and sells clothing in large quantity.

In that sense, since there is a shortage of money to purchase the bill now, it was false that it would be repaid with a high interest rate of five million won in one month if it is lent.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The Defendant received 1,477 million won over 16 times from January 29, 2012, as stated in the daily list of crimes in the attached Table, by immediately receiving KRW 5 million from the injured party’s third bank account (Account Number:F) of his/her father E, from the victim’s end of such false statement.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D statements in the second interrogation protocol against the defendant during the police officer's second interrogation protocol

1. Statement made by the police against D;

1. A complaint;

1. A copy of a loan certificate, a copy of a passbook of the National Bank of the complainant, and a statement of personal financial transactions;

1. Previous convictions: Application of a written reply to inquiry, such as criminal history, investigation report (related to concurrent crimes after Article 37 of the Criminal Act of the criminal suspect), sentence 311 of the North Korean Branch Act, and sentence 708 of the North Korean Branch Act, 2012No. 708 of the North Korean Branch Act;

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

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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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