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(영문) 서울중앙지방법원 2015.05.22 2015고정1330
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant was a person who operates a restaurant in the name of "B".

around August 21, 2012, the Defendant: (a) at the Gangnam-gu Seoul Metropolitan Government Cbuilding office, stated that “A project currently in operation is several buildings owned by parents in Gangnam-gu; (b) her mother is trying to dispose of land; and (c) 100 million won is loaned under the condition that he/she shall be repaid within one year as her mother is urgently required to dispose of land; and (d) was remitted from the victim to the financial account in the name of the Republic of Korea as of November 13, 2012.

However, the defendant did not have any special property that he had in bad credit standing, and the restaurant business was not well operated, and the loan from the victim has aggravated financial standing such as being used as restaurant operating expenses, so there was no intention or ability to repay the loan from the victim even if he borrowed the money.

Ultimately, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (Submission of Suspect credit information);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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