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(영문) 울산지방법원 2014.05.22 2014고정377
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around May 31, 2007, the Defendant made a false statement to the victim D, “E is the president of the Corporation, who is the president of the Corporation, and if the Defendant borrowed KRW 10 million, he/she will make a full payment after one month.”

However, the fact was intended to use some of them, and even if they borrowed money from the victim, there was no intention or ability to pay it.

Accordingly, the above victim received 10 million won from the above victim on the same day, i.e., the money borrowed from the above victim, and acquired 5 million won among them by oneself, and acquired 17.6 million won in total on four occasions from July 9, 2007, such as the list of crimes in the attached Table, and acquired 17.6 million won as the borrowed money.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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