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(영문) 서울북부지방법원 2013.12.30 2013고정2777
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Even if the Defendant borrowed money from the victim C, the Defendant did not have the intent or ability to repay the borrowed money.

Nevertheless, the defendant

1. On December 15, 2009, the victim called the victim in Gangnam-gu Seoul Special Metropolitan City by phone and called the "on the part of the victim to pay the principal six months after the date of the loan of the money which lacks expenses in connection with the redevelopment of the E House," and that the member received nine million won from the victim to the new bank account (G) in the name of husband F in the name of the victim.

2. At the I market, etc. located in Seodaemun-gu Seoul Metropolitan Government from the beginning of 2010 to the beginning of 2013, the Plaintiff was granted KRW 4.8 million in total from the victim over ten times on the pretext of hospital expenses, drug value, living expenses, etc., on the one hand, as if the Plaintiff would normally repay the borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on deposit certificates;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 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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