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(영문) 의정부지방법원 2015.05.21 2015고정133
사기
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On January 8, 2015, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and the judgment became final and conclusive on March 6, 2015.

Even if the defendant borrowed money from the victim B due to the absence of any specific property, he did not have the intention or ability to repay it.

Nevertheless, the Defendant:

1. On January 19, 2013, in the non-indicted PC bank located in Dongdaemun-gu Seoul, Dongdaemun-gu, stating that “The victim should not receive money from another person in the name of the country to deposit money. In addition, if you send money to D, you will immediately deposit the money.” The money was remitted from the victim, namely, from the victim to the deposit account in the name of D designated by the defendant, KRW 3 million, and the victim received KRW 2 million from the victim.

2. Around January 20, 2013, at the Dongdaemun-gu Seoul Metropolitan Government E E, the false statement stating that “A loan is made to ASEAN, and if B, 100,000 won, 20% interest shall be paid in addition to 10% interest after 10 days thereafter,” from the victim, namely, 1.3 million won to the account in the name of G designated by the defendant from the seat, and 2.7 million won was remitted to the account in the name of A on January 21, 2013, and 2.7 million won was acquired through a total of 4 million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous convictions in judgment: Application of summary information inquiry and application of Acts and subordinate statutes of judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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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