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(영문) 서울중앙지방법원 2014.04.24 2014고정749
사기
Text

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

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

Reasons

Punishment of the crime

On June 25, 2012, the Defendant: (a) at the office of “D” in the operation of the Victim C (State); (b) at the time, monthly salary of KRW 3,300,000; and (c) even if the Defendant borrowed money from the victim, he/she did not have any intent or ability to repay the money, even if he/she borrowed money from the victim, he/she did not have any intent or ability to obtain the money, he/she shall obtain the money from the victim with a deposit amount of KRW 30,00,000,000 per month and KRW 2% per annum by paying interest of KRW 1,050,000 per month if he/she borrowed money of KRW 30,000,000,000 per month; and (d) thereby, he/she shall receive the money from the victim’s new bank account in the name of the Defendant and shall receive KRW 3,000,000 per month from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes on police statement to E;

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. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act include: (a) the Defendant has no record of criminal punishment except for the two-time past penalties; (b) the degree of deception or the degree of perception of intention of the instant crime; and (c) the Defendant agreed with the victim after the issuance of the summary order in this case.

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