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(영문) 서울중앙지방법원 2018.03.23 2017고정3030
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

1. On May 6, 2008, the Defendant: (a) at the “D” restaurant located in Sacheon-si, Sacheon-si; (b) at around 2008, the Defendant extended 10% interest per annum to the victim E; and (c) upon the divorce of the son, the Defendant extended 25 million won per annum to the son; and (d) upon the acceptance of the building located in F in the Seoul Central-gu, the Defendant would receive compensation. Accordingly, the Defendant would have paid money borrowed within three months.

“A false statement was made in the content.”

However, there was no difference between the defendant and the third party, and the above building was not a building owned by the defendant, and the defendant did not have any intent or ability to repay money from the injured party because there was no plan to accept the above building.

The defendant deceivings the victim as above and received 25 million won from the injured party.

2. Around June 5, 2008, the Defendant borrowed money of KRW 10 million to the victim E by telephone to obtain one person opposing redevelopment by telephone, and will obtain interest from the victim only if he/she did not add to KRW 100 million before borrowing KRW 10 million.

“A false statement was made in the content.”

However, the above building is not a building owned by the defendant, and there is no plan to accept the above building, and even if the defendant borrowed money from the damaged party, the defendant did not have the intention or ability to repay it.

The Defendant deceivings the victim as above and transferred KRW 9250,00 from the victim’s account in G name.

Accordingly, the defendant was given a total of 3,4250,000 won by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol with respect to E;

1. Application of Acts and subordinate statutes of subparagraph (A) and a statement of inquiries about the details of transactions;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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

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